Perryman v. Superior Court

Opinion

ROTHSCHILD, J.

In this case, we hold that defendants’ successful motion to quash a jury venire and begin jury selection again with a new panel of prospective jurors was not a “mistrial” motion, despite defendants’ initially having labeled it as such, and, because the prosecution was not prejudiced, it did not trigger a new period in which defendants could be “brought to trial” under Penal Code section 1382, subdivision (a)(2).

FACTS

An information filed August 11, 2005, charged Stanley Bernard Perryman and Nicole Evyette Gaston with selling cocaine base (count 1), and Perryman with…