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Smith v. Superior Court, A124763

By FindLaw Staff on October 29, 2010 2:23 PM

Defendant's petition for writ relief from a denial of a motion to dismiss an indictment for first degree residential burglary for violation of statutory right to a speedy trial granted

Smith v. Superior Court, A124763, concerned a 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, on remand from the California Supreme Court following grant of review.

In granting the petition, the court held that People v. Sutton (2010) 48 Cal.4th 533, does not alter the statutory analysis on which the prior decision was based.  Here, 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.  Lastly, the court rejected 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.

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