section 1382 day grace period (California) · Go Syfert
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section 1382 day grace period in California

28 California opinions name it 3 courts 1968–2021 3 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (21)

CaseFollowedCited
Townsend v. Superior Courtgreen
cal · 1975 · cited in 6 California opinions naming this issue, 1978–2009
2 sentences

2009(See Townsend v. Superior Court, supra, 15 Cal.3d at p. 781 [“The right to a speedy trial is undeniably ‘as fundamental as any of the rights secured by the Sixth Amendment’ [citation], and we have previously stated in dictum that counsel may not waive this constitutional right over his client’s objections. [Citation.] In contrast, however, the statutory right to be tried within 60 days (§ 1382, subd. 2) cannot properly be termed ‘fundamental’ in the foregoing sense and therefore beyond counsel’s primary control.”]; People v. Shane (2004) 115 Cal.App.4th 196, 202 [ 8 Cal.Rptr.3d 753 ] [“the sta

2004(People v. Martinez (2000) 22 Cal.4th 750, 764-765 [ 94 Cal.Rptr.2d 381 , 996 P.2d 32 ].) To evaluate a federal constitutional speedy trial right claim, the United States Supreme Court has established a four-part balancing test comprised of the “[l]ength of delay, the *202 reason for the delay, the defendant’s assertion of his [or her] right, and prejudice to the defendant.” (Barker v. Wingo, supra, 407 U.S. at p. 530 , fn. omitted.) But the statutory right to be tried on a misdemeanor complaint within 30 days under Penal Code section 1382 “cannot properly be termed ‘fundamental’ . . . .” (Tow

46
People v. Wilsongreen
cal · 1963 · cited in 6 California opinions naming this issue, 1968–1986
2 sentences

1982As in Ferenz v. Superior Court, supra, 53 Cal.App.2d 639 , the 60-day period specified in section 1382, subdivision 2 of the Penal Code has been described by the California Supreme Court as “‘supplementary to and a construction of the [state] Constitution.” (People v. Wilson, supra, 60 Cal.2d at p. 145 .) Let a peremptory writ of mandate issue directing respondent to vacate its orders denying petitioner’s motions to dismiss in Los Angeles Superior Court case number A588963, entitled People v. Gilbert Sanchez et al., and make a new and different order dismissing that information as to petitione

1973(Harris v. Municipal Court, supra, 209 Cal. 55, 60 .) “ ‘ “[I]t is not necessary to have specific legislation to carry into effect section 13 of article I. . . .” (Rost v. Municipal Court (1960) 184 Cal.App.2d 507, 511 . . . .) The provisions of the Penal Code are merely “ ‘supplementary to and a construction of the Constitution.” (Pe ople v. Wilson, supra, 60 Cal.2d 139, 145 ; People v. Godlewski, 22 Cal.2d 677, 682 . . . .)’ It is thus unnecessary for petitioner, in asserting his constitutional right to a speedy trial, to rely on specific statutory provisions . . . .” (Jones v. Superior Cour

36
People v. Shanegreen
calctapp · 2004 · cited in 2 California opinions naming this issue, 2009–2009
2 sentences

2009(See Townsend v. Superior Court, supra, 15 Cal.3d at p. 781 [“The right to a speedy trial is undeniably ‘as fundamental as any of the rights secured by the Sixth Amendment’ [citation], and we have previously stated in dictum that counsel may not waive this constitutional right over his client’s objections. [Citation.] In contrast, however, the statutory right to be tried within 60 days (§ 1382, subd. 2) cannot properly be termed ‘fundamental’ in the foregoing sense and therefore beyond counsel’s primary control.”]; People v. Shane (2004) 115 Cal.App.4th 196, 202 [ 8 Cal.Rptr.3d 753 ] [“the sta

2009(See Townsend v. Superior Court, supra, 15 Cal.3d at p. 781 [“The right to a speedy trial is undeniably ‘as fundamental as any of the rights secured by the Sixth Amendment’ [citation], and we have previously stated in dictum that counsel may not waive this constitutional right over his client’s objections. [Citation.] In contrast, however, the statutory right to be tried within 60 days (§ 1382, subd. 2) cannot properly be termed ‘fundamental’ in the foregoing sense and therefore beyond counsel’s primary control.”]; People v. Shane (2004) 115 Cal.App.4th 196, 202 [ 8 Cal.Rptr.3d 753 ] [“the sta

22
Sykes v. Superior Courtgreen
cal · 1973 · cited in 4 California opinions naming this issue, 1973–2009
2 sentences

2009(Sykes v. Superior Court, supra, 9 Cal.3d at p. 86 .) Sykes sought a writ of mandate to compel dismissal of the felony information when no new trial had been scheduled for a period of 228 days following the appellate court’s order, arguing he was entitled to a new trial within 60 days under section 1382.

1973We observe that section 1382 makes no provision as to when a defendant is to be tried after a petition for writ of prohibition filed by him has been denied as it does in cases of mistrial, entry of an order granting a new trial or the filing of a remittitur in the trial court when a conviction has been reversed on appeal. *596 In Sykes , where the petitioner had filed a petition for a writ of habeas corpus resulting in the setting aside of a judgment of conviction and the guilty plea upon which it was based and an order was issued that petitioner be rearraigned for plea, it was held that, alth

14
Harris v. Mun. Court of L.A.green
cal · 1930 · cited in 2 California opinions naming this issue, 1973–1975
2 sentences

1975This conclusion may be questioned on its own terms, for we have long held that section 1382 embodies a legislative interpretation of the state constitutional right to a speedy trial as guaranteed by article I, section 15 of the California Constitution. ( People v. Morino (1890) 85 Cal. 515, 517 [ 24 P. 892 ]; In re Begerow (1901) 133 Cal. 349, 352 [ 65 P. 828 ]; Harris v. Municipal Court (1930) 209 Cal. 55, 61 [ 285 P. 699 ]; People v. Clark (1965) 62 Cal.2d 870, 882 [ 44 Cal. Rptr. 784 , 402 P.2d 856 ]; Crockett v. Superior Court (1975) 14 Cal.3d 433, 438-439 [ 121 Cal. Rptr. 457 , 535 P.2d 3

1973(Harris v. Municipal Court, supra, 209 Cal. 55, 60 .) “ ‘ “[I]t is not necessary to have specific legislation to carry into effect section 13 of article I. . . .” (Rost v. Municipal Court (1960) 184 Cal.App.2d 507, 511 . . . .) The provisions of the Penal Code are merely “ ‘supplementary to and a construction of the Constitution.” (Pe ople v. Wilson, supra, 60 Cal.2d 139, 145 ; People v. Godlewski, 22 Cal.2d 677, 682 . . . .)’ It is thus unnecessary for petitioner, in asserting his constitutional right to a speedy trial, to rely on specific statutory provisions . . . .” (Jones v. Superior Cour

12
Achen v. Pepsi-Cola Bottling Co.green
calctapp · 1951 · cited in 1 California opinions naming this issue, 2018–2018
1 sentence

2018(See Achen v. Pepsi-Cola Bottling Co. (1951) 105 Cal.App.2d 113, 125 [“‘It is a maxim not to be disregarded, that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used.

11
BAILON v. Superior Courtgreen
calctapp · 2002 · cited in 1 California opinions naming this issue, 2016–2016
2 sentences

2016(See Bailon v. Appellate Division (2002) 98 Cal.App.4th 1331, 1345-1349 [ 120 Cal.Rptr.2d 360 ].) We need not determine whether Giron-Chamul was “brought to trial” under section 1382 on February 23, however, because he fails to establish that any prejudice resulted from the purported delay.

2016(See Bailon v. Appellate Division (2002) 98 Cal.App.4th 1331, 1345-1349 [ 120 Cal.Rptr.2d 360 ].) We need not determine whether Giron-Chamul was “brought to trial” under section 1382 on February 23, however, because he fails to establish that any prejudice resulted from the purported delay.

11
People v. Hendersongreen
calctapp · 2004 · cited in 1 California opinions naming this issue, 2010–2010
2 sentences

2010(See, e.g., section 1050 and People v. Henderson (2004) 115 Cal.App.4th 922, 939-940 [ 9 Cal.Rptr.3d 655 ].) Thus, a court may not dismiss a case during the 10-day grace period under section 1382, but the committees believe that the court must deny a request for a continuance during the 10-day grace period that does not comply with the good cause requirement under section 1050.

2010(See, e.g., section 1050 and People v. Henderson (2004) 115 Cal.App.4th 922, 939-940 [ 9 Cal.Rptr.3d 655 ].) Thus, a court may not dismiss a case during the 10-day grace period under section 1382, but the committees believe that the court must deny a request for a continuance during the 10-day grace period that does not comply with the good cause requirement under section 1050.

11
People v. Martinezgreen
cal · 2000 · cited in 1 California opinions naming this issue, 2004–2004
2 sentences

2004(People v. Martinez (2000) 22 Cal.4th 750, 764-765 [ 94 Cal.Rptr.2d 381 , 996 P.2d 32 ].) To evaluate a federal constitutional speedy trial right claim, the United States Supreme Court has established a four-part balancing test comprised of the “[l]ength of delay, the *202 reason for the delay, the defendant’s assertion of his [or her] right, and prejudice to the defendant.” (Barker v. Wingo, supra, 407 U.S. at p. 530 , fn. omitted.) But the statutory right to be tried on a misdemeanor complaint within 30 days under Penal Code section 1382 “cannot properly be termed ‘fundamental’ . . . .” (Tow

2004(People v. Martinez (2000) 22 Cal.4th 750, 764-765 [ 94 Cal.Rptr.2d 381 , 996 P.2d 32 ].) To evaluate a federal constitutional speedy trial right claim, the United States Supreme Court has established a four-part balancing test comprised of the “[l]ength of delay, the *202 reason for the delay, the defendant’s assertion of his [or her] right, and prejudice to the defendant.” (Barker v. Wingo, supra, 407 U.S. at p. 530 , fn. omitted.) But the statutory right to be tried on a misdemeanor complaint within 30 days under Penal Code section 1382 “cannot properly be termed ‘fundamental’ . . . .” (Tow

11
People v. Martingreen
calctapp · 1972 · cited in 1 California opinions naming this issue, 1983–1983
2 sentences

1983(See People v. Wilson (1974) 40 Cal. App.3d 913 [ 115 Cal. Rptr. 619 ].) [9] Of course, substantive decisions as to what plea to enter, whether to waive jury trial, and whether to testify are ultimately to be made by the defendant after consultation with counsel. ( People v. Robles (1970) 2 Cal.3d 205, 214-215 [ 85 Cal. Rptr. 166 , 466 P.2d 710 ]; People v. Freeman (1977) 76 Cal. App.3d 302, 310 [ 142 Cal. Rptr. 806 ]; People v. Martin (1972) 28 Cal. App.3d 956, 961 [ 105 Cal. Rptr. 40 ]; ABA Standards, Defense Function, std. 4-5.2; CPR of ABA, Ethical Consideration 7-7.) [10] Examples of such

1983(See People v. Wilson (1974) 40 Cal. App.3d 913 [ 115 Cal. Rptr. 619 ].) [9] Of course, substantive decisions as to what plea to enter, whether to waive jury trial, and whether to testify are ultimately to be made by the defendant after consultation with counsel. ( People v. Robles (1970) 2 Cal.3d 205, 214-215 [ 85 Cal. Rptr. 166 , 466 P.2d 710 ]; People v. Freeman (1977) 76 Cal. App.3d 302, 310 [ 142 Cal. Rptr. 806 ]; People v. Martin (1972) 28 Cal. App.3d 956, 961 [ 105 Cal. Rptr. 40 ]; ABA Standards, Defense Function, std. 4-5.2; CPR of ABA, Ethical Consideration 7-7.) [10] Examples of such

11
People v. Freemangreen
calctapp · 1977 · cited in 1 California opinions naming this issue, 1983–1983
2 sentences

1983(See People v. Wilson (1974) 40 Cal. App.3d 913 [ 115 Cal. Rptr. 619 ].) [9] Of course, substantive decisions as to what plea to enter, whether to waive jury trial, and whether to testify are ultimately to be made by the defendant after consultation with counsel. ( People v. Robles (1970) 2 Cal.3d 205, 214-215 [ 85 Cal. Rptr. 166 , 466 P.2d 710 ]; People v. Freeman (1977) 76 Cal. App.3d 302, 310 [ 142 Cal. Rptr. 806 ]; People v. Martin (1972) 28 Cal. App.3d 956, 961 [ 105 Cal. Rptr. 40 ]; ABA Standards, Defense Function, std. 4-5.2; CPR of ABA, Ethical Consideration 7-7.) [10] Examples of such

1983(See People v. Wilson (1974) 40 Cal. App.3d 913 [ 115 Cal. Rptr. 619 ].) [9] Of course, substantive decisions as to what plea to enter, whether to waive jury trial, and whether to testify are ultimately to be made by the defendant after consultation with counsel. ( People v. Robles (1970) 2 Cal.3d 205, 214-215 [ 85 Cal. Rptr. 166 , 466 P.2d 710 ]; People v. Freeman (1977) 76 Cal. App.3d 302, 310 [ 142 Cal. Rptr. 806 ]; People v. Martin (1972) 28 Cal. App.3d 956, 961 [ 105 Cal. Rptr. 40 ]; ABA Standards, Defense Function, std. 4-5.2; CPR of ABA, Ethical Consideration 7-7.) [10] Examples of such

11
People v. Roblesgreen
cal · 1970 · cited in 1 California opinions naming this issue, 1983–1983
2 sentences

1983(See People v. Wilson (1974) 40 Cal. App.3d 913 [ 115 Cal. Rptr. 619 ].) [9] Of course, substantive decisions as to what plea to enter, whether to waive jury trial, and whether to testify are ultimately to be made by the defendant after consultation with counsel. ( People v. Robles (1970) 2 Cal.3d 205, 214-215 [ 85 Cal. Rptr. 166 , 466 P.2d 710 ]; People v. Freeman (1977) 76 Cal. App.3d 302, 310 [ 142 Cal. Rptr. 806 ]; People v. Martin (1972) 28 Cal. App.3d 956, 961 [ 105 Cal. Rptr. 40 ]; ABA Standards, Defense Function, std. 4-5.2; CPR of ABA, Ethical Consideration 7-7.) [10] Examples of such

1983(See People v. Wilson (1974) 40 Cal. App.3d 913 [ 115 Cal. Rptr. 619 ].) [9] Of course, substantive decisions as to what plea to enter, whether to waive jury trial, and whether to testify are ultimately to be made by the defendant after consultation with counsel. ( People v. Robles (1970) 2 Cal.3d 205, 214-215 [ 85 Cal. Rptr. 166 , 466 P.2d 710 ]; People v. Freeman (1977) 76 Cal. App.3d 302, 310 [ 142 Cal. Rptr. 806 ]; People v. Martin (1972) 28 Cal. App.3d 956, 961 [ 105 Cal. Rptr. 40 ]; ABA Standards, Defense Function, std. 4-5.2; CPR of ABA, Ethical Consideration 7-7.) [10] Examples of such

11
Tudman v. Superior Courtgreen
calctapp · 1972 · cited in 1 California opinions naming this issue, 1979–1979
2 sentences

1979The 10-day grace period in section 1382 began running on that date (Tudman v. Superior Court, 29 Cal.App.3d 129, 133 [ 105 Cal.Rptr. 391 ]), and the trial court so assumed when it ordered on August 10 that “The court, due to congested calendar, trails trial to a date not later than 8-21-78 [August 20 being a Sunday].” After consultation with the trial coordinator as to how long the trailing time was likely to be, the court on August 10 ordered the parties to return on August 18.

1979The 10-day grace period in section 1382 began running on that date (Tudman v. Superior Court, 29 Cal.App.3d 129, 133 [ 105 Cal.Rptr. 391 ]), and the trial court so assumed when it ordered on August 10 that “The court, due to congested calendar, trails trial to a date not later than 8-21-78 [August 20 being a Sunday].” After consultation with the trial coordinator as to how long the trailing time was likely to be, the court on August 10 ordered the parties to return on August 18.

11
People v. Maninagreen
calctapp · 1975 · cited in 1 California opinions naming this issue, 1978–1978
11
Klopfer v. North Carolinagreen
scotus · 1967 · cited in 1 California opinions naming this issue, 1978–1978
11
Crockett v. Superior Courtgreen
cal · 1975 · cited in 1 California opinions naming this issue, 1975–1975
11
In Re Begerowgreen
cal · 1901 · cited in 1 California opinions naming this issue, 1975–1975
11
People v. Morinogreen
cal · 1890 · cited in 1 California opinions naming this issue, 1975–1975
11
People v. Clarkgreen
cal · 1965 · cited in 1 California opinions naming this issue, 1975–1975
11
Jones v. Superior Courtgreen
cal · 1970 · cited in 1 California opinions naming this issue, 1973–1973
11
Dulsky v. Municipal Courtgreen
calctapp · 1966 · cited in 1 California opinions naming this issue, 1968–1968
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (19)

CaseCitedYears
People v. Ferguson green
calctapp · 1990
2 sentences

2021As described above, in Ferguson the Court of Appeal considered whether the trial court in that case had the authority to dismiss a felony prosecution when the assigned prosecutor was unavailable for trial and there remained several days under section 1382 for the defendant to be brought to trial.6 (See Ferguson, supra, 218 Cal.App.3d at contains no provision for the dismissal of a case when its terms are not complied with.” (Malengo v. Municipal (1961) 56 Cal.2d 813, 816 .) 5 This provision states in relevant part: “The judge or magistrate may, either of his or her own motion or upon the appli

2021As described above, in Ferguson the Court of Appeal considered whether the trial court in that case had the authority to dismiss a felony prosecution when the assigned prosecutor was unavailable for trial and there remained several days under section 1382 for the defendant to be brought to trial.6 (See Ferguson, supra, 218 Cal.App.3d at contains no provision for the dismissal of a case when its terms are not complied with.” (Malengo v. Municipal (1961) 56 Cal.2d 813, 816 .) 5 This provision states in relevant part: “The judge or magistrate may, either of his or her own motion or upon the appli

32021–2021
Malengo v. Municipal Court green
cal · 1961
2 sentences

2021As described above, in Ferguson the Court of Appeal considered whether the trial court in that case had the authority to dismiss a felony prosecution when the assigned prosecutor was unavailable for trial and there remained several days under section 1382 for the defendant to be brought to trial.6 (See Ferguson, supra, 218 Cal.App.3d at contains no provision for the dismissal of a case when its terms are not complied with.” (Malengo v. Municipal (1961) 56 Cal.2d 813, 816 .) 5 This provision states in relevant part: “The judge or magistrate may, either of his or her own motion or upon the appli

2021As described above, in Ferguson the Court of Appeal considered whether the trial court in that case had the authority to dismiss a felony prosecution when the assigned prosecutor was unavailable for trial and there remained several days under section 1382 for the defendant to be brought to trial.6 (See Ferguson, supra, 218 Cal.App.3d at contains no provision for the dismissal of a case when its terms are not complied with.” (Malengo v. Municipal (1961) 56 Cal.2d 813, 816 .) 5 This provision states in relevant part: “The judge or magistrate may, either of his or her own motion or upon the appli

32021–2021
People v. Griffin green
calctapp · 1991
2 sentences

2018DISCUSSION In the return to the petition, the People contend the trial court did not err in denying Pogosyan's motion to dismiss because (1) Pogosyan provided a general time waiver at the pretrial hearing on September *636 13; (2) Pogosyan did not trigger the 10-day grace period under section 1382, subdivision (a)(3)(B) because he did not announce ready for trial; and (3) even if Pogosyan had announced ready for trial, the continued date set by the trial court was within the 10-day grace period under the reasoning of People v. Griffin (1991) 235 Cal.App.3d 1740 , 1 Cal.Rptr.2d 620 ( Griffin ).

2018DISCUSSION In the return to the petition, the People contend the trial court did not err in denying Pogosyan's motion to dismiss because (1) Pogosyan provided a general time waiver at the pretrial hearing on September *636 13; (2) Pogosyan did not trigger the 10-day grace period under section 1382, subdivision (a)(3)(B) because he did not announce ready for trial; and (3) even if Pogosyan had announced ready for trial, the continued date set by the trial court was within the 10-day grace period under the reasoning of People v. Griffin (1991) 235 Cal.App.3d 1740 , 1 Cal.Rptr.2d 620 ( Griffin ).

22018–2018
Bryant v. Superior Court of Los Angeles County green
calctapp · 1986
2 sentences

2018In that case, we were asked to decide whether the defendant- who had announced unconditionally ready for trial on the continued date set for trial ( Bryant , supra , 186 Cal.App.3d at p. 486 , 230 Cal.Rptr. 777 )-was required to expressly object to the trailing of the matter to a date within the 10-day grace period or else be deemed to have consented to a further continuance with a new 10-day grace period. ( Id. at p. 497, 230 Cal.Rptr. 777 .) To reach our conclusion that no such objection was required, we examined several cases that appeared to hold that an objection to any delay, including a

2018In that case, we were asked to decide whether the defendant- who had announced unconditionally ready for trial on the continued date set for trial ( Bryant , supra , 186 Cal.App.3d at p. 486 , 230 Cal.Rptr. 777 )-was required to expressly object to the trailing of the matter to a date within the 10-day grace period or else be deemed to have consented to a further continuance with a new 10-day grace period. ( Id. at p. 497, 230 Cal.Rptr. 777 .) To reach our conclusion that no such objection was required, we examined several cases that appeared to hold that an objection to any delay, including a

22018–2018
Barsamyan v. Appellate Division of Superior Court green
cal · 2008
1 sentence

2018(Barsamyan, supra, 44 Cal.4th at p. 970 , citing Bryant, supra, 186 Cal.App.3d at pp. 498-499.) In light of the issue actually before the court, and the court’s focus on the actual readiness of defense counsel rather than the requirement of a readiness announcement, we conclude that the court’s statement that an 16 announcement is required to trigger the 10-day grace period under section 1382 is dictum and therefore not binding authority.

12018–2018
Medina v. Superior Court green
calctapp · 2000
1 sentence

2018(Medina, supra, 79 Cal.App.4th at p. 1283 .) The only issue presented to the appellate court was whether, under Griffin, supra, 235 Cal.App.3d 1740 , the trial 14 court’s advisement to the defendant when taking his time waiver that he would have a right to have his trial within 10 days of the agreed- upon continued trial date meant that the 10-day grace period under section 1382 did not begin to run until 10 days after the continued trial date to which the defendant had agreed.

12018–2018
People v. Amati green
calappdeptsuper · 1976
1 sentence

2010It explained that “the swearing of a panel of prospective jurors constitutes bringing a case to trial within the [then applicable] 45-day provisions of Penal Code section 1382, so long as the panel is sworn in as a good faith start to the jury selection process and not as a mere device to avoid the impact of the statute.” (Amati, supra, 63 Cal.App.3d Supp. 10, 12 , italics added, quoted with approval in Rhinehart, supra, 35 Cal.3d at pp. 777-778.) In Sanchez , at 2:20 p.m. on the last day for trial pursuant to section 1382, the defendant’s case was called for trial in a regular misdemeanor tri

12010–2010
Owens v. Superior Court green
cal · 1980
2 sentences

2006Relying principally on Owens v. Superior Court (1980) 28 Cal.3d 238 , 168 Cal.Rptr. 466 , 617 P.2d 1098 , petitioner's position is that "[e]ven if petitioner impliedly consented to delay in his [sic] trial (which ... he [sic] did not), that delay was within the then applicable 10-day `grace period' of Penal Code section 1382 [and] ... delays within a statutory time period, whether caused or consented to by the defendant, do not serve to toll or extend the time limit." (Emphasis in original.) A closer reading of Owens , however, does not support petitioner's position for the reason that a delay

2006Relying principally on Owens v. Superior Court (1980) 28 Cal.3d 238 , 168 Cal.Rptr. 466 , 617 P.2d 1098 , petitioner's position is that "[e]ven if petitioner impliedly consented to delay in his [sic] trial (which ... he [sic] did not), that delay was within the then applicable 10-day `grace period' of Penal Code section 1382 [and] ... delays within a statutory time period, whether caused or consented to by the defendant, do not serve to toll or extend the time limit." (Emphasis in original.) A closer reading of Owens , however, does not support petitioner's position for the reason that a delay

12006–2006
Barker v. Wingo green
scotus · 1972
1 sentence

2004(People v. Martinez (2000) 22 Cal.4th 750, 764-765 [ 94 Cal.Rptr.2d 381 , 996 P.2d 32 ].) To evaluate a federal constitutional speedy trial right claim, the United States Supreme Court has established a four-part balancing test comprised of the “[l]ength of delay, the *202 reason for the delay, the defendant’s assertion of his [or her] right, and prejudice to the defendant.” (Barker v. Wingo, supra, 407 U.S. at p. 530 , fn. omitted.) But the statutory right to be tried on a misdemeanor complaint within 30 days under Penal Code section 1382 “cannot properly be termed ‘fundamental’ . . . .” (Tow

12004–2004
Jones v. Wilson neutral
tned · 1970
1 sentence

2004(Jones v. Wilson (E.D.Tenn. 1970) 309 F.Supp. 708, 709 ; 28 U.S.C. § 2243 .) Otherwise, as here, once the time frame in the conditional writ has expired, the accused must be retried as if it were an ordinary retrial during the 60-day time frame specified in section 1382, subdivision (a)(2). 4 , * DISPOSITION The judgment is affirmed.

12004–2004
People v. Superior Court (Rodriguez) green
calctapp · 1984
1 sentence

1986(See Townsend v. Superior Court, supra, 15 Cal.3d at p. 783 .) For example, in People v. Superior Court (Rodriguez), supra, 151 Cal.App.3d 604 , defendant’s misdemeanor trial was continued with his consent to October 28, 1982, which was beyond the 45-day limit of section 1382.

11986–1986
Rhinehart v. Municipal Court green
cal · 1984
1 sentence

1986In Rhinehart v. Municipal Court, supra, 35 Cal. 3d 772 , the ultimate issue was whether a defendant is “brought to trial” within the 10-day grace period of section 1382 when, for the sole purpose of avoiding the 10-day period, a jury is selected and sworn within that period with the intent that the earnest trial proceedings will thereafter be continued beyond the 10th day due to unavailability of trial courtrooms.

11986–1986
People v. Kerwin green
calctapp · 1972
1 sentence

1985People v. Kerwin, supra, 23 Cal.App.3d 466 , involved a People’s appeal of an order setting aside an information under Penal Code section 995 where, due to clerical error, the relevant period of unjustified delay in the appellate process exceeded by 30 days the 60-day time limit of section 1382, subdivision 2, which the Court of Appeal held was analogous, albeit imperfectly, to the constitutionally permissible period of delay under the state Constitution’s right to a speedy trial.

11985–1985
People v. Locklar green
calctapp · 1978
2 sentences

1983(See People v. Wilson (1974) 40 Cal. App.3d 913 [ 115 Cal. Rptr. 619 ].) [9] Of course, substantive decisions as to what plea to enter, whether to waive jury trial, and whether to testify are ultimately to be made by the defendant after consultation with counsel. ( People v. Robles (1970) 2 Cal.3d 205, 214-215 [ 85 Cal. Rptr. 166 , 466 P.2d 710 ]; People v. Freeman (1977) 76 Cal. App.3d 302, 310 [ 142 Cal. Rptr. 806 ]; People v. Martin (1972) 28 Cal. App.3d 956, 961 [ 105 Cal. Rptr. 40 ]; ABA Standards, Defense Function, std. 4-5.2; CPR of ABA, Ethical Consideration 7-7.) [10] Examples of such

1983(See People v. Wilson (1974) 40 Cal. App.3d 913 [ 115 Cal. Rptr. 619 ].) [9] Of course, substantive decisions as to what plea to enter, whether to waive jury trial, and whether to testify are ultimately to be made by the defendant after consultation with counsel. ( People v. Robles (1970) 2 Cal.3d 205, 214-215 [ 85 Cal. Rptr. 166 , 466 P.2d 710 ]; People v. Freeman (1977) 76 Cal. App.3d 302, 310 [ 142 Cal. Rptr. 806 ]; People v. Martin (1972) 28 Cal. App.3d 956, 961 [ 105 Cal. Rptr. 40 ]; ABA Standards, Defense Function, std. 4-5.2; CPR of ABA, Ethical Consideration 7-7.) [10] Examples of such

11983–1983
Little v. Superior Court green
calctapp · 1980
2 sentences

1983(See People v. Wilson (1974) 40 Cal. App.3d 913 [ 115 Cal. Rptr. 619 ].) [9] Of course, substantive decisions as to what plea to enter, whether to waive jury trial, and whether to testify are ultimately to be made by the defendant after consultation with counsel. ( People v. Robles (1970) 2 Cal.3d 205, 214-215 [ 85 Cal. Rptr. 166 , 466 P.2d 710 ]; People v. Freeman (1977) 76 Cal. App.3d 302, 310 [ 142 Cal. Rptr. 806 ]; People v. Martin (1972) 28 Cal. App.3d 956, 961 [ 105 Cal. Rptr. 40 ]; ABA Standards, Defense Function, std. 4-5.2; CPR of ABA, Ethical Consideration 7-7.) [10] Examples of such

1983(See People v. Wilson (1974) 40 Cal. App.3d 913 [ 115 Cal. Rptr. 619 ].) [9] Of course, substantive decisions as to what plea to enter, whether to waive jury trial, and whether to testify are ultimately to be made by the defendant after consultation with counsel. ( People v. Robles (1970) 2 Cal.3d 205, 214-215 [ 85 Cal. Rptr. 166 , 466 P.2d 710 ]; People v. Freeman (1977) 76 Cal. App.3d 302, 310 [ 142 Cal. Rptr. 806 ]; People v. Martin (1972) 28 Cal. App.3d 956, 961 [ 105 Cal. Rptr. 40 ]; ABA Standards, Defense Function, std. 4-5.2; CPR of ABA, Ethical Consideration 7-7.) [10] Examples of such

11983–1983
People v. Wilson green
calctapp · 1974
2 sentences

1983(See People v. Wilson (1974) 40 Cal.App.3d 913 [ 115 Cal.Rptr. 619 ].) Of course, substantive decisions as to what plea td enter, whether to waive jury trial, and whether to testily are ultimately to be made by the defendant after consultation with counsel.

1983(See People v. Wilson (1974) 40 Cal.App.3d 913 [ 115 Cal.Rptr. 619 ].) Of course, substantive decisions as to what plea td enter, whether to waive jury trial, and whether to testily are ultimately to be made by the defendant after consultation with counsel.

11983–1983
Ferenz v. Superior Court green
calctapp · 1942
1 sentence

1982As in Ferenz v. Superior Court, supra, 53 Cal.App.2d 639 , the 60-day period specified in section 1382, subdivision 2 of the Penal Code has been described by the California Supreme Court as “‘supplementary to and a construction of the [state] Constitution.” (People v. Wilson, supra, 60 Cal.2d at p. 145 .) Let a peremptory writ of mandate issue directing respondent to vacate its orders denying petitioner’s motions to dismiss in Los Angeles Superior Court case number A588963, entitled People v. Gilbert Sanchez et al., and make a new and different order dismissing that information as to petitione

11982–1982
Rost v. Municipal Court green
calctapp · 1960
11973–1973
People v. Godlewski green
cal · 1943
11973–1973

Statutes the citing opinions construe

CA § Cal. Penal Code § 1382 (28) CA § Cal. Penal Code § 1050 (4) CA § Cal. Penal Code § 211 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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