People v. Abeyta

The People appeal from the dismissal of an information pending against the three defendants, Montano, Abeyta, and Santistevan, for failure to comply with the speedy trial requirements of Crim. P. 48(b). The information charged the defendants with second-degree assault. We affirm.

Counsel for Abeyta and Santistevan filed a motion to dismiss on June 7, 1977, and counsel for Montano filed a similar motion on June 10, 1977. The trial court considering these motions found that:

“On May 28,1976 all three defendants entered pleas of not guilty and the matter was set for jury trial to commence on…