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GAINES v. MUNICIPAL COURT

Docket No. 56009.

101 Cal.App.3d 556 (1980)

161 Cal. Rptr. 704

CLARENCE REGINALD GAINES, Plaintiff and Respondent, v. THE MUNICIPAL COURT FOR THE LOS ANGELES JUDICIAL DISTRICT OF LOS ANGELES COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Appellant.

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

January 30, 1980.

Attorney(s) appearing for the Case

COUNSEL

Burt Pines, City Attorney, Rand Schrader, Michael Peter Alcantar, Richard Edward Cates and Lewis N. Unger, Deputy City Attorneys, for Real Party in Interest and Appellant.

Wilbur F. Littlefield, Public Defender, Dennis A. Fischer, William Thornbury, Ellen Shumsky and Stephen F. Moeller, Deputy Public Defenders, for Plaintiff and Respondent.

No appearance for Defendant and Respondent.

OPINION

FLEMING, Acting P.J.

The People appeal the superior court's issuance of a writ of mandate directing the municipal court to dismiss a misdemeanor prosecution against Clarence Gaines for failure to bring him to trial within 45 days of arraignment (Pen. Code, § 1382). We reverse.

On 23 November 1977 Gaines, arrested on an unrelated robbery charge and held under a no-bail warrant, was examined by Los Angeles Police...

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