California Court of Appeal

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People v. Wagner, E047167

Trial court order dismissing the case against defendant is affirmed where: 1) trial court did not abuse its discretion in denying the request to continue the case beyond the time limit set forth in Penal Code sec. 1382 after finding no courtroom available in which to try the matter, and there was nothing in the record to support the People's claim that the court congestion was caused by the trial court's mismanagement or administrative policy; and 2) the People are foreclosed from refiling the charges in this case under Penal Code sec. 1238 (a)(8).

Appellate Information

  • Decided 07/21/2009
  • Published 07/21/2009

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Rod Pacheco, District Attorney, and Alan D. Tate, Deputy District Attorney, for Plaintiff and Appellant.

  • For Appellees:
  • Stephen S. Buckley, San Clemente, under appointment by the Court of Appeal, for Defendant and Respondent.
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