Eberhart v. Superior Court CA1/3
In an earlier appeal involving petitioner Major Eberhart, we reversed sentence enhancements associated with prior convictions and remanded for a retrial on the prior conviction allegations. Eberhart now seeks a writ of mandate compelling respondent superior court to grant his motion to dismiss the prior conviction allegations. He contends no good cause was shown for the failure to retry the prior conviction allegations within 60 days of the filing of the remittitur in the superior court, in violation of his statutory speedy trial rights under Penal Code section 1382. We agree with Eberhart and shall direct issuance of the writ of mandate.
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