Legal Opinion

Arroyo v. Superior Court

California Court of Appeal

Decided June 14, 2004No. G033356PublishedCited by 6 opinions

1Opinion of the Court

Opinion

O’LEARY, Acting P. J.

The trial court continued Sergio Arroyo’s trial, over his objection, beyond 60 days from the date he was arraigned on the indictment in the superior court. The sole reason for the continuance was to permit Arroyo’s joint trial with a codefendant, who was not arraigned until the day before Arroyo’s scheduled trial date. Arroyo seeks extraordinary writ relief from the superior court’s denial of his subsequent motion to dismiss. (Pen. Code, § 1382.) He contends the continuance was without good cause and he was denied his statutory right to a speedy trial. We agree and…

2Cases cited11 opinions

  1. People v. JenkinsCalifornia Supreme Court · 2000
  2. People v. MemroCalifornia Supreme Court · 1995
  3. Sanchez v. Superior CourtCalifornia Court of Appeal · 1982
  4. In Re SamanoCalifornia Court of Appeal · 1995
  5. Ferenz v. Superior CourtCalifornia Court of Appeal · 1942

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3Cited by6 opinions

  1. State v. WintersSupreme Court of Iowa · 2005
  2. People v. SuttonCalifornia Supreme Court · 2010
  3. Smith v. Superior CourtCalifornia Court of Appeal · 2010
  4. Smith v. Superior CourtCalifornia Supreme Court · 2012
  5. Smith v. Superior CourtCalifornia Supreme Court · 2012

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