California, United States of America
The following excerpt is from People v. Ramirez, E057173 (Cal. App. 2014):
[Citation.]'" (People v. Memro (1995) 11 Cal.4th 786, 852-853, quoting People v. Wright (1990) 52 Cal.3d 367, 389.) Here, there was no showing Miranda was incompetent or that the continuances were solely based on his need to serve other clients. The record shows that the continuances were based on, not only Miranda being engaged in trial, but also on Miranda needing additional time to prepare for trial.
While some of the reasons for requesting the four continuances, alone, might not constitute good cause to continue the trial, there was a sufficient basis for finding good cause for the four continuances based on the totality of the circumstances. Miranda indicated he needed additional time to adequately prepare for defendant's trial. In addition, the continuances were relatively brief; the case had not been pending very long; and the trial had been continued once before the request for a continuance on June 12, 2012. "If counsel seeks reasonable time to prepare a defendant's case, and the delay is for defendant's benefit, a continuance over the defendant's objection is justified." (People v. Lomax (2010) 49 Cal.4th 530, 556.)
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