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Name: People v. Shane
Case #: G032339
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 01/26/2004
Subsequent History: Rev. den. 4/14/04

A continuance that extended a misdemeanor trial date beyond the 30-day statutory limit did not violate the defendant’s right to a speedy trial. In an appeal certified from the appellate department of the superior court, the court applied an abuse-of-discretion standard in reviewing the trial court determination that the prosecution exercised due diligence in attempting to subpoena witnesses within the statutory time limit. The court held that the trial court did not abuse its discretion in granting the prosecution’s request for a continuance where the law enforcement witness was subpoenaed four days before trial but was unavailable due to military leave.