Legal Opinion

Gaines v. Municipal Court

California Court of Appeal

Decided January 30, 1980No. Civ. 56009PublishedCited by 7 opinions

1Opinion of the Court

Opinion

FLEMING, Acting P. J.

The People appeal the superior court’s issuance of a writ of mandate directing the municipal court to dismiss a misdemeanor prosecution against Clarence Gaines for failure to bring him to trial within 45 days of arraignment (Pen. Code, § 1382). We reverse.

On 23 November 1977 Gaines, arrested on an unrelated robbery charge and held under a no-bail warrant, was examined by Los Angeles Police Officer John W. Reeves, a narcotic expert, who formed the opinion that Gaines was under the influence of a controlled substance. On November 30 a complaint was filed in municipal…

2Cases cited8 opinions

  1. People v. WilsonCalifornia Supreme Court · 1963
  2. Sykes v. Superior CourtCalifornia Supreme Court · 1973
  3. Caputo v. Municipal CourtCalifornia Court of Appeal · 1960
  4. Neigel v. Superior CourtCalifornia Court of Appeal · 1977
  5. Pickett v. Municipal CourtCalifornia Court of Appeal · 1970

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3Cited by7 opinions

  1. Mendez v. Superior CourtCalifornia Court of Appeal · 2008
  2. People v. AlvarezCalifornia Court of Appeal · 1989
  3. People v. Superior Court (Alexander)California Court of Appeal · 1995
  4. Jensen v. Superior CourtCalifornia Court of Appeal · 2008
  5. People v. Superior Court (Alexander)California Court of Appeal · 1995

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