People v. Jimenez CA2/7

INTRODUCTION

Arsenio Jimenez attacked his girlfriend, Byanka A., by striking her multiple times in the face with his fists, a sharp object, or both. Byanka suffered lacerations and brain injuries and spent several weeks in the hospital. The People charged Jimenez with, among other crimes, infliction of corporal injury on a cohabitant and assault by means likely to cause great bodily injury. On the eve of trial, 15 months after the People initially filed charges, Jimenez filed a motion to continue the trial. Jimenez claimed he needed additional time to retain an expert witness who could provide testimony to support a defense of temporary insanity. The trial court continued the trial for two months. Two months later, Jimenez filed another motion to continue the trial, claiming that the last expert witness his attorney consulted could not provide the testimony necessary to establish temporary insanity and that he needed more time to obtain a (new) expert witness. The trial court denied the motion. A jury ultimately convicted Jimenez on both counts. Jimenez argues the trial court erred in denying his second motion to continue the trial. In the alternative, Jimenez contends his trial…