Respondent's Brief - Washington State Courts
Respondent's Brief - Washington State Courts
Respondent's Brief - Washington State Courts
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obtained via in camera review." CP 163; Appendix E. Again, because a<br />
trial court does not abuse its discretion by granting a continuance "to allow<br />
defense counsel more time to prepare for trial, even over the defendant's<br />
objection," Williams, 104 Wn. App, at 523, the trial court did not abuse its<br />
discretion in granting the September 3, 2010, continuance of the<br />
September 9, 2010 trial date,<br />
Nor should the court or <strong>State</strong> be faulted for failure to transcribe the<br />
reports of the January 15 or September 3, 2010 proceedings. Under RAP<br />
9.2( b), a] party"[ should arrange for the transcription of all those portions<br />
of the verbatim report of proceedings necessary to present the issues raised<br />
on review." Given that there were written orders continuing trial, dated<br />
January 15, 2010 and September 3, 2010, filed with the superior court, CP<br />
160, 163; Appendix B & E, the defendant should have known of these<br />
proceedings. Nevertheless, he did not request transcription of them.<br />
With respect to the continuance granted on July 19, 2010, the<br />
defendant argues that the prosecutor made no showing that she<br />
subpoenaed the unavailable witnesses, and apparently, that the<br />
continuance was therefore improperly granted. <strong>Brief</strong> of Appellant, p, 35-<br />
36. The record demonstrates otherwise.<br />
On July 19, 2010, the <strong>State</strong> moved to continue the trial to<br />
September 9, 2010, explaining that "two of the <strong>State</strong>'s material witnesses<br />
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