23.12.2012 Views

Respondent's Brief - Washington State Courts

Respondent's Brief - Washington State Courts

Respondent's Brief - Washington State Courts

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

emphasis added).<br />

T]he decision to grant or deny a motion for a continuance rests<br />

within the sound discretion of the trial court," <strong>State</strong> v. Saunders, 153 Wn.<br />

App. 209, 216, 220 P.3d 1238 (2009); <strong>State</strong> v. Downing, 151 Wn.2d 265,<br />

272, 87 RM 1169 (2004); <strong>State</strong> v. Cannon, 130 Wn.2d 313, 326, 922<br />

P.2d 1293 (1996). An abuse of discretion occurs only where the court<br />

exercised discretion on untenable grounds or for untenable reasons, <strong>State</strong><br />

v. Silva, 72 Wn. App. 80, 863 P.2d 597 (1993), and thus, an appellate<br />

court 'will not disturb the trial court's decision unless the appellant or<br />

petitioner makes 'a clear showing... that [ the trial courtsl discretion [is]<br />

manifestly unreasonable, or exercised on untenable grounds, or for<br />

untenable reasons."' <strong>State</strong> v. Flinn, 154 Wn.2d 193, 199, 110 P.3d 748<br />

2005)( citing Downing, 151 Wn.2d at 272 (quoting <strong>State</strong> ex rel. Carrol v.<br />

Junker, 79 Wn.2d 12, 26, 482 P.2d 775 (1971))) emphasis ( added).<br />

Common law has clarified that Ji]n exercising its discretion to<br />

grant or deny a continuance, the trial court is to consider all relevant<br />

factors." Flinn, 154 Wn.2d at 199.<br />

A trial court does not abuse its discretion by granting a<br />

continuance "to allow defense counsel more time to prepare for trial, even<br />

over the defendant's objection, to ensure effective representation and a fair<br />

trial." <strong>State</strong> v. Williams, 104 Wn. App. 516, 523, 17 P.3d 648<br />

38 - optest-prosmisesptrialmcdaniel doc

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!