Sanchez v. Superior Court

Opinion

WOODS, P. J.

This proceeding in mandate, initiated by a defendant in a criminal action seeking pretrial review of a denial of his motion to dismiss, presents a conflict between an in-custody defendant’s right to speedy trial as specified in Penal Code section 1382, subdivision 2, and the statutory preference for trying jointly charged defendants in the same proceedings as stated in Penal Code section 1098. Petitioner’s trial was continued beyond the statutory period, over his objections, on the ground that the deputy public defender representing a jointly charged codefendant was…