California Court of Appeal

Smith v. Superior Court, A124763

On remand from the California Supreme Court following grant of review, defendant's petition for writ relief from a denial of his motion to dismiss an indictment for first-degree residential burglary, claiming that his statutory right to a speedy trial has been violated, is granted where: 1) People v. Sutton (2010) 48 Cal.4th 533, does not alter the statutory analysis on which the prior decision was based; 2) because the prosecution had an obligation to try the co-defendant on April 27 or within 10 days thereafter, the same 10-day grace period applicable to the co-defendant also applied to the trial of defendant; and 3) the People's argument that section 1050.1 operates, on these facts and in the absence of good cause shown, to extend the 10-day grace period to any jointly charged defendant, is rejected.

Appellate Information

• Decided 10/28/2010
• Published 10/28/2010

Judges

• Bruiniers

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Jeff Adachi