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TRIAL COURT MUST TRAIL CASE IF REQUEST IS MADE WITHIN THE STATUTORY PERIOD EVEN IF PROSECUTION CANNOT SHOW GOOD CAUSE ? P.C. SECTION 1382(a)(3); P.C. SECTION 1050

By Walin & Klarich

On October 25, 2010, in People v. Graves, the California Court of Appeal reversed the trial court?s dismissal of appellant?s case even though, on the day of trial, the prosecution requested to trail beyond the statutory deadline without good cause. On December 23, 2004, appellant Michael Graves was charged with misdemeanor battery against his wife and his mother-in-law. He did not show up to his original arraignment date and a bench warrant was issued; he was finally arraigned on June 30, 2008 while in custody and pled not guilty. Trial was set for July 28, 2008. Under Penal Code section 1382(a)(3), a person in custody accused of a misdemeanor must be brought to trial 30 days after his arraignment or plea or the person?s case will be dismissed...continue to full post

Full post as published by Southern California Criminal Defense Blog on November 15, 2010 (boomark / email).