Pogosyan v. Appellate Div. of the Superior Court of L. A. Cnty.
California Court of Appeal, 5th District
1Opinion of the CourtWillhite, J.
*632A defendant charged with a misdemeanor has a right under Penal Code 1 section 1382 to be brought to trial within 45 days after arraignment if the defendant is not in custody at that time.2 ( § 1382, subd. (a)(3).) If, however, the defendant requests or consents to the setting of a trial date after that 45-day period, the defendant must be brought to trial "on the date set for trial or within 10 days thereafter." ( § 1382, subd. (a)(3)(B).) If the defendant is not brought to trial within those time periods, the case against the defendant must be dismissed unless good cause for the delay is…
2Cases cited14 opinions
- People v. SmitheyCalifornia Supreme Court · 1999
- People v. WilsonCalifornia Supreme Court · 1963
- Townsend v. Superior CourtCalifornia Supreme Court · 1975
- Rhinehart v. Municipal CourtCalifornia Supreme Court · 1984
- Owens v. Superior CourtCalifornia Supreme Court · 1980
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3Cited by2 opinions
- L.A. Police Protective League v. City of L.A.California Court of Appeal · 2022
- Smith v. City of Santa Barbara CA2/6California Court of Appeal · 2021