Legal Opinion

BAUSTERT v. Superior Court

California Court of Appeal

Decided June 1, 2005No. D045823PublishedCited by 13 opinions

1Opinion of the Court

Opinion

NARES, J.

Petitioner Steven A. Baustert asserts his misdemeanor trial was continued past the statutory speedy trial deadline set forth in Penal Code 1 section 1382, subdivision (a)(3)(A) (hereafter section 1382(a)(3)(A)) without good cause. We conclude that because no good cause existed for the continuance, Baustert’s statutory right to a speedy trial was violated, and the action should have been dismissed. We therefore grant the petition.

FACTUAL AND PROCEDURAL BACKGROUND

On May 28, 2004, 2 Baustert was charged with one count of battery on a peace officer in violation of sections 242…

2Cases cited8 opinions

  1. People v. MemroCalifornia Supreme Court · 1995
  2. Owens v. Superior CourtCalifornia Supreme Court · 1980
  3. Star Motor Imports, Inc. v. Superior CourtCalifornia Court of Appeal · 1979
  4. Pickett v. Municipal CourtCalifornia Court of Appeal · 1970
  5. People v. ShaneCalifornia Court of Appeal · 2004

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3Cited by13 opinions

  1. Mendez v. Superior CourtCalifornia Court of Appeal · 2008
  2. Francis v. PeopleSupreme Court of The Virgin Islands · 2015
  3. Jensen v. Superior CourtCalifornia Court of Appeal · 2008
  4. People v. SweeneyCalifornia Court of Appeal · 2016
  5. People v. TuckerCalifornia Court of Appeal · 2011

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

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