Supreme Court of California

Court of appeal's reversal of a trial court's grant of defendant's motion to dismiss, one day after the last day established by Penal Code section 1282 for bringing the criminal proceeding, is reversed as the trial court properly concluded that good cause did not exist under section 1382 to delay defendant's trial because the lack of any judge or courtroom available to bring this case to trial within the statutory period resulted from chronic court congestion attributable to the state.

Appellate Information

• Decided 11/04/2010
• Published 11/04/2010

Judges

• GEORGE

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• Rod Pacheco, Douglas G. Benedon