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PERRYMAN v. THE SUPERIOR COURT OF LOS ANGELES COUNTY

PERRYMAN v. THE SUPERIOR COURT OF LOS ANGELES COUNTY
07:26:2006

PERRYMAN v. THE SUPERIOR COURT OF LOS ANGELES COUNTY






Filed 7/24/06




CERTIFIED FOR PUBLICATION




IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA





SECOND APPELLATE DISTRICT





DIVISION ONE















STANLEY BERNARD PERRYMAN;


Petitioner,


v.


THE SUPERIOR COURT OF


LOS ANGELES COUNTY,


Respondent;


PEOPLE OF THE STATE OF CALIFORNIA,


Real Party in Interest.



No. B187073 c/w


No. B187161


(L.A.Super.Ct. No. NA 066495)



NICOLE EVYETTE GASTON,


Petitioner,


v.


THE SUPERIOR COURT OF


LOS ANGELES COUNTY,


Respondent;


PEOPLE OF THE STATE OF CALIFORNIA,


Real Party in Interest.



No. B187161 c/w


No. B187073


(L.A.Super.Ct. No. NA 066495)



ORIGINAL PROCEEDINGS in mandate. James B. Pierce, Judge. Petitions granted.


__________


Michael P. Judge, Public Defender, Marie Lui and John Hamilton Scott, Deputy Public Defenders for Petitioner Stanley Bernard Perryman.


Janice Y. Fukai, Alternate Public Defender, Michael Goodman and Yvonne Velasquez, Deputy Alternate Public Defenders, for Petitioner Nicole Evyette Gaston.


No appearance for Respondent.


Steve Cooley, District Attorney, Phyllis Asayama and Roberta Schwartz, Deputy District Attorneys, for Real Party in Interest


__________


In this case, we hold that defendants' successful motion to quash a jury venire and begin jury selection again with a new panel of prospective jurors was not a â€





Description Defendants' successful motion to quash a jury venire and begin jury selection again with a new panel of prospective jurors was not a "mistrial" motion. Despite the defendants' initially having labeled it as such, and, because the prosecution was not prejudiced, it did not trigger a new 60-day period in which defendants could be "brought to trial" under Penal Code Sec. 1382(a)(2).
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