Legal Opinion

Burgos v. Superior Court

California Court of Appeal

Decided May 31, 2012No. Nos. A134928, A135090PublishedCited by 4 opinions

1Opinion of the Court

Opinion

SIMONS, J.

Penal Code section 1050, subdivision (g)(2)1 provides that “ ‘good cause’ ” for continuing a trial in a murder case includes the circumstance that “the prosecuting attorney assigned to the case has another trial, preliminary hearing, or motion to suppress in progress in that court or another court.” In this case, we resolve two unanswered questions regarding that section: Under what circumstances is another trial “in progress,” and may a prosecutor obtain more than one such continuance?

On December 27, 2011, Maria Burgos (petitioner) was arraigned on an information charging…

2Cases cited29 opinions

  1. Barker v. WingoSupreme Court of the United States · 1972
  2. People v. WaidlaCalifornia Supreme Court · 2000
  3. People v. LewisCalifornia Supreme Court · 2001
  4. Coalition of Concerned Communities, Inc. v. City of Los AngelesCalifornia Supreme Court · 2004
  5. Diamond Multimedia Systems, Inc. v. Superior CourtCalifornia Supreme Court · 1999

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3Cited by4 opinions

  1. Estrada v. Super. Ct.California Court of Appeal · 2023
  2. Estrada v. Superior CourtCalifornia Court of Appeal · 2023
  3. Hernandez v. Super. Ct.California Court of Appeal · 2025
  4. Nuanmanee v. Superior CourtCalifornia Court of Appeal · 2026

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