Plezbert v. Superior Court

Opinion

KANE, J.

Penal Code section 1382, subdivision 2, provides that the court, unless good cause to the contrary is shown, must order the action dismissed when a defendant “is not brought to trial in a superior court within 60 days after . . . the filing of the remittitur in the trial court.” (Italics added.)

On July 28, 1971, 78 days after a remittitur had been filed in respondent court, petitioner moved to dismiss the indictment filed against him.

At the hearing on the motion, the only reason for the delay advanced by the prosecution was that “our office was not notified of the filing of the…