People v. Jenkins CA3

DISCUSSION

Denial of Continuance

Defendant contends the trial court’s denial of his request for a continuance was an abuse of discretion because it effectively denied him the right to personally prepare and present a defense at sentencing. He argues a continuance cannot be denied based solely upon the age of the case or the number of prior continuances. These arguments are unavailing. Background

Following defendant’s change of plea on July 11, 2013, the case was set for sentencing on September 4, 2013. On the latter date, sentencing was reset for October 23, 2013.

Defendant filed a mitigation statement of probation eligibility arguing that the case was unusual—and probation should be granted—because the victim of the offense was a member of defendant’s gang who was seeking to retaliate against defendant for choosing to leave the gang.

3 On October 23, 2013, the case was continued upon defense motion until November 6, 2013.

On November 6, 2013, the trial court ordered a referral for an evaluation under section 1203.03. The evaluation was filed with the court on January 6, 2014.

On January 29, 2014, sentencing was continued to February 19, 2014, at the request of the defense.…