California Court of Appeal

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People v. Sutton, B195337

In a case where a criminal joint trial commenced six days after the statutory deadline under Penal Code section 1382 and the trial court continued, over defendant's objections, solely because co-defendant's counsel was engaged in trial on another matter, judgment against the defendant is reversed as: 1) the six-day delay violated the defendant's right to speedy trial; and 2) the defendant was prejudiced by the delay.

Appellate Information

  • Decided 03/26/2008
  • Published 03/26/2008

Judges

  • ALDRICH, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • William L. Heyman, Thousand Oaks, under appointment by the Court of Appeal, for Defendant and Appellant Michael Jerome Sutton., Jennifer L. Peabody, Los Angeles, under appointment by the Court of Appeal, for Defendant and Appellant Willie J. Jackson., Michael P. Judge, Public Defender, and John Hamilton Scott, Deputy Public Defender, for Public Defender of Los Angeles County, California, as Amicus Curiae on behalf of Defendants and Appellants., Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Steven D. Matthews and David E. Madeo, Deputy Attorneys General, for Plaintiff and Respondent.
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