Respondent's Brief - Washington State Courts

untenable reasons, "' State v. Flinn, 154 Wn.2d at 199 (emphasis added),
the trial court's decisions to grant the continuances on June 10, 2010,
November 2, 2010, and December 2, 2010 should, therefore, be affirmed.
With respect to the continuances granted on January 15, 2010 and
September 3, 2010 the defendant states that "no hearings were
transcribed on February 24, 2010, or September 9, 2010," and argues that
flo the extent the court failed to make an adequate record of the reasons
to continue the case over [his] objection, [he] is entitled to reversal of his
conviction and dismissal with prejudice." Brief of Appellant, p. 35.
The defendant's argument, however, seems to be based on a
confusion of dates, rather than a failure of reporting. While he is correct
that "no hearings were transcribed on February 24, 2010, or September 9,
2010," Brief of Appellant, p. 35, this is because no hearings were held on
those dates, not because such hearings were not reported or properly
conducted. 02124/10 RP 3; 09/09/ 10 RP 12,
February 24, 2010 was the original trial date set at defendant's
December 30, 2009 arraignment. See CP 159; Appendix A. However,
this trial was continued to June 10, 2010 with an omnibus hearing set for
2 The defendant seems to refer to the January 15, 2010 continuance as a February 24, 2010 continuance, and to
the September 3, 2010 continuance as a September 9, 2010 continuance. Compare Brief of Appellant, p,
30-31, 35, with CP 160, 163 and Appendix B & E.
42 - optcst-prosmiscsptrialmcdaniel,doc