P. v. Brown CA4/2
The People appeal from a judgment of dismissal of a criminal action against defendant and respondent, Deandre Shamare Brown, charging him with possession for sale of cocaine base (Health & Saf. Code, § 11351.5; count 1) and possession for sale of a controlled substance (Health & Saf. Code, § 11378; count 2). The People contend the trial court abused its discretion in denying the People’s request for a continuance of trial, and granting defendant’s motion to dismiss the case. The People argue they demonstrated good cause for a continuance. In addition, they argue they were entitled to a trial continuance under the 10-day grace period applicable under Penal Code section 1382, subdivision (a)(2)(B), even without a showing of good cause.
We agree the trial court violated Penal Code section 1382, subdivision (a)(2)(B) by granting defendant’s motion to dismiss during the 10-day grace period, but we conclude the error was harmless because the People were not ready for trial.
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