People v. Superior Court (Alexander)

Opinion

VOGEL (C. S.), J.

Introduction

This writ proceeding, initiated by the People, was triggered by the trial court’s dismissal of a pending criminal prosecution for failure to bring the defendant to trial within the period mandated by Penal Code section 1382. This cause, therefore, requires us to determine the legality of the case management policy which led to the dismissal order. We conclude that the trial court’s policy contravenes existing law; however, because of the manner in which the trial court proceeded, we are compelled to uphold the dismissal order of the underlying criminal…