P. v. Griffey
Defendant Tery Ty Griffey appeals from a judgment convicting him of rape and assault and sentencing him to 10 years in prison. Griffey was originally convicted of these offenses in 1998. His conviction was set aside after the federal court issued a writ of habeas corpus directing the state to release defendant or retry him within 90 days. Defendants retrial, which resulted in the present conviction, commenced 70 days after the writ was issued. While defendant acknowledges that his retrial was timely under the federal court order, he contends nonetheless that his speedy trial rights were violated because the trial did not begin within the 60 day period required by Penal Code section 1382. In rejecting defendants plea for a reversal of his conviction, we need not accept the Attorney Generals contention that the federal court order superceded the state statute. Assuming that the time limit imposed by section 1382 was applicable, defendant has failed to establish that the violation was prejudicial and his conviction therefore affirmed.
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