Mercurio v. Superior Court CA3
The People charged Cameron David Mercurio in four misdemeanor cases. Over Mercurio’s objection, the trial court continued the trial setting date to the 30th day after Mercurio entered his pleas of not guilty in the cases. Mercurio was ready for trial on the 30th day, but the trial court continued the matter over Mercurio’s objection. Mercurio moved to dismiss all four cases pursuant to Penal Code section 1382, subd. (a)(3) [dismissal for failure to bring misdemeanor case to trial within 30 days after plea] and his right to a speedy trial, and when his requests for relief were denied by the trial court and its appellate division, he petitioned this court for a writ of mandate or prohibition.
We will grant the petition for writ of mandate. The matter was continued past the 30th day without a showing of good cause and Mercurio did not waive his right to a speedy trial, either expressly or implicitly. Dismissal is required under section 1382.
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