Opinion
Page 1405b
184 Cal.App.4th 1405b __ Cal.Rptr.3d__ THE PEOPLE, Plaintiff and Appellant, v. NESTOR MAURICIO FERRER, Defendant and Respondent. A124178 California Court of Appeal, First District, Fifth Division June 7, 2010Mendocino County Super. Ct. No. SC-UK-CR-CR 08-84982
ORDER MODIFYING OPINION AND DENYING REHEARING
THE COURT:
It is ordered that the opinion filed herein on May 14, 2010 (184 Cal.App.4th 873; __Cal.Rptr.3d__ ), be modified as follows and the petition for rehearing is DENIED:
At the end of the first paragraph commencing at the bottom of page 10, with “While the Legislature, ” and ending at the top of page 11 [184 Cal.App.4th 884, advance report, 2d par., line 12], with "right to a fair trial...”, add as footnote 6 the following footnote:
6 This court need not decide under what circumstances grant of a continuance or a prosecutor’s bad faith in requesting a continuance would violate a defendant’s right to a fair trial. (See Henderson, supra, 115 Cal.App.4th at p. 940.) In the present case, defendant has not argued that he would have suffered prejudice to his right to a fair trial had the trial court granted the requested continuance of the hearing on the motion to suppress, scheduled approximately two months before trial. We reject defendant’s request that we remand with directions to the trial court to consider whether the prosecutor acted in bad faith, because defendant has not argued that any prosecutorial bad faith impacted his right to a fair trial.
There is no change in the judgment.
Appellant’s petition for rehearing is denied.