California Court of Appeal

Petition for a writ of prohibition challenging an order denying petitioner's motion to dismiss under Penal Code section 1382.1 is denied over claims that: 1) the government, in seeking a continuance, failed to comply with the written notice and pleading requirements of Penal Code section 1050(b); 2) the prosecutor's scheduling problems did not require a continuance of as many as 10 days; 3) a police officer's unavailability to testify at trial did not constitute good cause for the continuance; and 4) in ruling on the motion to dismiss, the trial court was limited to considering evidence presented at a section 1050 motion hearing.

Appellate Information

• Decided 04/30/2008
• Published 04/30/2008

Judges

• O'ROURKE, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Steven J. Carroll, Public Defender, Saba Sheiban and Laura Arnold, Deputy Public Defenders, for Petitioner., Bonnie M. Dumanis, District Attorney, Jesus Rodriguez, Assistant District Attorney, Catherine Stephenson and D. Elisabeth Silva, Deputy District Attorneys, for Real Party in Interest.