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PLEZBERT v. SUPERIOR COURT

Docket No. 30305.

22 Cal.App.3d 169 (1971)

99 Cal. Rptr. 340

JOSEPH J. PLEZBERT, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, First District, Division Two.

December 20, 1971.

Attorney(s) appearing for the Case

COUNSEL

Russell H. Tansey for Petitioner.

Evelle J. Younger, Attorney General, Herbert L. Ashby, Chief Assistant Attorney General, Doris H. Maier, Assistant Attorney General, John T. Murphy, Eric Collins and William D. Stein, Deputy Attorneys General, for Respondent and Real Party in Interest.

OPINION

KANE, J.

Penal Code section 1382, subdivision 2, provides that the court, unless good cause to the contrary is shown, must order the action dismissed when a defendant "is not brought to trial in a superior court within 60 days after ... the filing of the remittitur in the trial court." (Italics added.)

On July 28, 1971, 78 days after a remittitur had been...

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