PEOPLE v. SMITH

Docket No. Crim. 23714.

38 Cal.3d 945 (1985)

702 P.2d 180

216 Cal. Rptr. 98

THE PEOPLE, Plaintiff and Respondent, v. ROBERT GREGORY SMITH, Defendant and Appellant.

Supreme Court of California.

July 22, 1985.


Attorney(s) appearing for the Case

COUNSEL

Robert Viefhaus, under appointment by the Supreme Court, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Robert M. Foster, Keith I. Motley and Robert B. Shaw, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

LUCAS, J.

The principal issue presented by this case is whether the trial judge improperly denied defendant's motions for continuance. Defendant asserts that (1) he had insufficient time to examine California Jury Instructions, Criminal (CALJIC), and (2) he had not had the opportunity for eight hours of sleep the night before trial.

I. FACTS

On January 17, 1982, at approximately 8 p.m., Gregory Leverich was...

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