California Court of Appeal

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Burgos v. Superior Court (People), A134928

In a murder prosecution in which the trial court granted four continuances of 10 court days each to the People because the prosecutor was occupied in another murder case with hearings on motions in limine in the courtroom assigned for trial, a petition for writ of mandate/prohibition is denied, where there was good cause for granting each continuance under Penal Code section 1050(g)(2), since: 1) the other trial was "in progress" at the time; and 2) the multiple continuances totalling more than 10 days were proper, as the statute did not limit the People to a single 10-day continuance.

Appellate Information

  • Decided 05/31/2012
  • Published 05/31/2012

Judges

  • Simons

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Jeff Adachi, Laurence K. Sullivan