Magana v. Super. Ct.

Filed 4/27/18 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR EUDORO MAGANA, Petitioner, A153981 v. (San Mateo County THE SUPERIOR COURT OF SAN Super. Ct. No. 16-SF-005960) MATEO COUNTY, Respondent; THE PEOPLE, Real Party in Interest. Defendant Eudoro Magana is charged with two counts of rape. After his trial date was continued four times, defendant’s trial counsel, Daniel Everett, sought a fifth continuance, but failed to appear for the hearing on the motion, and the case was assigned out to trial. Everett then exercised a…