BATEY v. SUPERIOR COURT

Docket No. 50106.

71 Cal.App.3d 952 (1977)

139 Cal. Rptr. 689

BYRON BATEY, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Second District, Division Five.

July 25, 1977.


Attorney(s) appearing for the Case

COUNSEL

Simon & Sheridan, D. Steve Cameron and Thomas R. Sheridan for Petitioner.

No appearance for Respondent.

John K. Van de Kamp, District Attorney, Harry B. Sondheim, Donald J. Kaplan and Roderick W. Leonard, Deputy District Attorneys, for Real Party in Interest.


OPINION

HASTINGS, J.

The petitioner herein seeks a writ of mandamus compelling respondent court to dismiss a pending indictment because the matter was not brought to trial within the time periods specified in section 1382 of the Penal Code.

The procedural facts are these: Petitioner and a codefendant were indicted on December 11, 1975, on eight counts of grand theft (Pen. Code, § 487, subd. 1) and nine counts of violating...

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