P. v. Mason
After the trial court denied his request for a continuance to obtain private counsel, defendant Joseph Mason pled no contest to rape with a firearm enhancement pursuant to a plea agreement for a 12-year prison sentence and dismissal of four other counts. The court also imposed a fine of $1,140 pursuant to Penal Code section 290.3.[1]
On appeal, defendant first contends the court erred in denying his request for a continuance, violating his Sixth Amendment right to counsel and Fourteenth Amendment right to due process. Second, defendant contends the court erred in not specifically detailing the amounts of and the statutory bases for the sex offense fine.
Because defendant did not show due diligence or meet his burden to show good cause, we find no abuse of discretion in the denial of the continuance. Thus, we affirm defendant’s convictions. Nevertheless, we must remand the case to the trial court for a detailed recitation of the amounts and statutory bases for the $1,140 fine which the trial court failed to specify.
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