Smith v. Superior Court

Opinion

CANTIL-SAKAUYE, C. J.

Under Penal Code section 1382, a defendant charged with a felony is entitled to be brought to trial within 60 days of arraignment unless (1) the defendant has expressly or impliedly consented to having trial set for a date beyond that period, or (2) there is “good cause” for the delay. (Pen. Code, § 1382, subd. (a)(2).)1 When a defendant’s trial has been properly continued to a date beyond the 60-day period, section 1382 further provides that the defendant is entitled to be brought to trial on the new trial date “or within 10 days thereafter.” (§ 1382, subd.…