SACRAMENTO, Calif. — A Sacramento Superior Court judge on Friday denied a defense request to continue trial proceedings, despite defense counsel arguing she lacked sufficient time to prepare a mental health diversion petition for the accused.
The accused and her codefendant were held to answer to charges at a preliminary hearing in early February, after which defense counsel agreed to a March 23 trial date. Following the preliminary hearing, Deputy Public Defender Carmen Butler was appointed as counsel for the accused.
The accused and the codefendant had shared the charges held at the preliminary hearing. At the conclusion of the hearing, prior counsel successfully moved to dismiss one of the more serious charges against the accused.
The accused appeared at a trial readiness conference on Friday, where DPD Butler objected to the set trial date.
DPD Butler asserted that her recent appointment to the case had prevented her from sufficiently preparing the accused to seek mental health diversion. She stated that previous counsel and the district attorney had set trial dates “far too quickly.”
Butler also cited the accused’s change in charges following the successful motion to dismiss at the preliminary hearing, creating a need for more time to prepare for defense counsel.
The deputy district attorney stated that his position was to proceed to trial in 10 days, which was agreeable to defense counsel for the codefendant.
Judge Franklin asserted that although defense counsel may not have had enough time to assist her client in pursuing mental health diversion, the court would not grant her request for a continuance. According to Judge Franklin, because the DDA opposed the request, a written motion for continuance would be required for the court to consider granting a continuance at the trial readiness conference. Judge Franklin also noted that the accused and her codefendant would be tried together unless DPD Butler filed a successful motion for severance on the scheduled trial date.
Despite defense counsel’s limited time to adequately prepare to properly represent the accused, Judge Franklin concluded the trial readiness conference by confirming the previously set trial date of March 23, noting that if the court were to deny defense counsel’s motions at that time, trial would begin immediately.
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