Amaya v. Superior Court
Defendant Albert Angel Amaya petitions for a writ of mandate directing respondent superior court to grant his motion to dismiss (Pen. Code,[1] 1382) because he was not brought to trial within 60 days of his arraignment. ( 1049.5.) Defendant moved to dismiss the case after the court granted the People's motion for a trial continuance ( 1050, subd. (g)) because the deputy district attorney assigned to try the case was engaged in trial. Court hold that because the District Attorney did not demonstrate good cause for the continuance, respondent court erred when it granted the continuance motion and subsequently denied defendant's motion to dismiss. Accordingly, Court grant the petition.
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