People v. Murphy

Opinion

WARREN, J.

— This case presents an issue that, while encountered frequently in the criminal courts, appears to be of first impression at the *Supp. 7appellate level. The question may be framed thus: When a criminal defendant is required to “waive[] his or her right to a speedy trial” in accordance with a grant of diversion under Penal Code section 1001.53, is that waiver a general or limited time waiver with respect to the defendant’s subsequent rights should diversion prove unsuccessful? We hold that a grant of diversion necessarily requires that the defendant generally waive his or…