RHINEHART v. MUNICIPAL COURT

Docket No. L.A. 31796.

35 Cal.3d 772 (1984)

677 P.2d 1206

200 Cal. Rptr. 916

STANLEY STEWART RHINEHART, Plaintiff and Respondent, v. THE MUNICIPAL COURT FOR THE SANTA BARBARA-GOLETA JUDICIAL DISTRICT OF SANTA BARBARA COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Appellant.

Supreme Court of California.

April 5, 1984.


Attorney(s) appearing for the Case

COUNSEL

Stanley M. Roden, District Attorney, and Gerald McC. Franklin, Deputy District Attorney, for Real Party in Interest and Appellant.

Robert H. Philibosian, District Attorney (Los Angeles), Donald J. Kaplan and Richard Sullivan, Deputy District Attorneys, as Amici Curiae on behalf of Real Party in Interest and Appellant.

Glen Mowrer, Jr., Public Defender, Michael C. McMahon and Thomas Bleauvelt, Assistant Public Defenders, for Plaintiff and Respondent.

Wilbur F. Littlefield, Public Defender (Los Angeles), Laurence M. Sarnoff and John Hamilton Scott, Deputy Public Defenders, as Amici Curiae on behalf of Plaintiff and Respondent.

No appearance for Defendant and Respondent.


OPINION

BIRD, C.J.

Is an accused "brought to trial" within the meaning of Penal Code section 1382 when the trial court impanels a jury on the last day for trial permitted by that statute but the case cannot proceed due to court congestion?

I.

A complaint was filed May 22, 1981,1 charging Stanley Rhinehart with driving while under the influence...

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