1
2
3
4
5
6
JEFF ADACHI
Public Defender
TERESA CAFFESE
Chief Attorney
By: [ATTORNEY=S NAME], SBN [NUMBER]
Deputy Public Defender
375 Woodside Avenue, Room 118
San Francisco, CA 94127
(415) [PHONE]
Attorneys for Minor
7
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
8
IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
JUVENILE DIVISION
9
10
11
IN THE MATTER OF
12
[MINOR=S NAME],
13
14
No:
[NUMBER]
Date: [DATE]
Dept: [DEPT]
A Minor
______________________________________/
15
16
NOTICE OF MOTION AND MOTION TO CONTINUE
17
TO TERENCE HALLINAN, DISTRICT ATTORNEY OF THE CITY AND COUNTY OF
SAN FRANCISCO, STATE OF CALIFORNIA:
18
19
PLEASE TAKE NOTICE that on the [DAY] day of [MONTH], [YEAR], at [TIME], or as
20
soon thereafter as the matter may be heard in [DEPARTMENT] of the above-entitled Court, the
21
minor,
22
[MINOR=S NAME], will move the court to continue the contested jurisdiction hearing set for
23
[DATE]. [DETAILS].
24
25
26
27
28
This motion is made pursuant to Penal Code Section 1050. It is based on the attached
memorandum of points and authorities, the attached declaration of counsel, all applicable
1
constitutional, statutory and case authority, and evidence adduced and argument made at the
2
hearing on this motion.
3
DATED: ______________
4
Respectfully submitted,
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
_____________________
[ATTORNEY=S NAME]
Deputy Public Defender
1
POINTS AND AUTHORITIES AND ARGUMENT
2
THE MINOR IS ENTITLED TO A CONTINUANCE UPON A SHOWING OF GOOD
3
CAUSE
4
5
6
7
8
9
Penal Code Section l050(b) provides that:
To continue any hearing in a criminal proceeding, including the trial, a written notice shall
be filed and served on all parties to the proceeding at least two court days before the
hearing sought to be continued, together with affidavits or declarations detailing specific
facts showing that a continuance is necessary ....
Subsection (e) further provides that "Continuances shall be granted only upon a showing of
good cause ...." The request must be supported by declarations, unless the court first finds good
10
cause to excuse the notice and declaration requirement. The declaration may be executed on
11
information and belief by counsel as long as it contains sufficient indicia of reliability and
12
trustworthiness. (People v. Gloria (1988) 206 Cal.App.3d 1263, 254 Cal.Rptr. 175.) The grant or
13
denial of a motion for continuance is an act within the court's discretion (Ungar v Sarafite (1964)
14
376 U.S. 575, 589), but this discretion is not without bounds:
While the determination of whether in any given case a continuance should be granted
normally rests in the discretion of the trial court, that discretion may not be exercised in
such a manner as to deprive the defendant of a reasonable opportunity to prepare his
defense. (Jennings v. Superior Court (l967) 66 Cal.2d 867.)
15
16
17
Although the court must consider the welfare of witnesses (Pen. Code section 1050 (g))
18
and the right of the People to a speedy disposition (subsection (a)), it must also consider the right
19
of the defendant to a fair trial or hearing. (People v. Courts (1985) 37 Cal.3d 784, 794-795.) See
20
also People v. Murphy (1963) 59 Cal.2d 818 (error to deny continuance to prepare following last
21
minute amendment by prosecution).
Thus, the discretion that the court possesses to grant or
22
deny a continuance must be balanced against the right of the minor to a fair trial or hearing, and the
23
right of the people to a speedy disposition of the case.
24
In the present case, [DETAILS]. Additionally, counsel has not received all discovery,
25
26
27
28
specifically CAD tapes and printouts.
DATED: [DATE]
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Respectfully submitted,
_______________________
[ATTORNEY=S NAME]
DECLARATION OF COUNSEL
1
2
3
I, [ATTORNEY=S NAME], declare the following:
4
I am counsel assigned to represent minor in the above-entitled action;
5
In the present case, I recently received the [DETAILS].
6
I will not be effective in providing a defense for [MINOR=S NAME] if a continuance is
7
8
9
not granted in this matter.
I declare under the penalty of perjury the foregoing is true and correct. Executed on this
[DAY] day of [MONTH] [YEAR] at San Francisco, California.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
____________________
[ATTORNEY=S NAME]
Deputy Public Defender