People v. McCoy

Opinion

THOMPSON, J.

Defendant Melvin McCoy appeals from the judgment of conviction of assault with intent to commit great bodily injury. (Pen. Code, § 245, subd. (a).) His sole contention on appeal is that the trial court erred in denying his motion to dismiss for a speedy trial. We conclude that defendant should have been granted a de novo hearing in superior court of his motion to dismiss and, accordingly, remand for such a hearing.

On December 21, 1979, the victim Fred Perry was shot by someone with a rifle, two days after his roommate, who was defendant’s brother, was found dead in bed. The…