Legal Opinion

Pogosyan v. Appellate Div. of the Superior Court of L. A. Cnty.

California Court of Appeal, 5th District

Decided September 5, 2018No. B288362PublishedCited by 2 opinions

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

  1. People v. SmitheyCalifornia Supreme Court · 1999
  2. People v. WilsonCalifornia Supreme Court · 1963
  3. Townsend v. Superior CourtCalifornia Supreme Court · 1975
  4. Rhinehart v. Municipal CourtCalifornia Supreme Court · 1984
  5. Owens v. Superior CourtCalifornia Supreme Court · 1980

9 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. L.A. Police Protective League v. City of L.A.California Court of Appeal · 2022
  2. Smith v. City of Santa Barbara CA2/6California Court of Appeal · 2021

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