People v. Webb CA4/1

DISCUSSION

As her sole contention on appeal, Webb argues the trial court abused its discretion

3 in denying her motion to continue the trial. We find no abuse and affirm her conviction.

1. Legal Principles

We review for abuse of discretion the court's denial of a continuance to substitute

retained counsel for appointed counsel. (People v. Pigage (2003) 112 Cal.App.4th 1359,

1367.) A defendant's right to counsel includes the right to retain counsel of choice, which

must be balanced "'against other values of substantial importance, such as that seeking to

insure orderly and expeditious judicial administration, with a view toward

accommodation reasonable under the facts of the particular case.'" (People v. Courts

(1985) 37 Cal.3d 784, 790.) We look to the circumstances of the case, particularly the

reasons the defendant presented to the trial judge when the request for continuance was

denied. (Id. at p. 791.) If the defendant is "'unjustifiably dilatory' in retaining counsel, or

'if he arbitrarily chooses to substitute counsel at the time of trial,'" the court acts within its

discretion in denying a continuance. (Id. at pp.…