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BAUSTERT v. SUPERIOR COURT

No. D045823.

29 Cal.Rptr.3d 208 (2005)

129 Cal.App.4th 1269

Steven A. BAUSTERT, Petitioner, v. The SUPERIOR COURT of San Diego County, Respondent; The People, Real Party in Interest.

Court of Appeals of California, Fourth District, Division One.

June 1, 2005.

Attorney(s) appearing for the Case

Steven J. Carroll, County Public Defender, Kathleen Lee and Gary R. Nichols, Deputy Public Defenders, for Petitioner.

No appearance for Respondent.

Michael J. Aguirre, City Attorney, Rupert A. Linley, Assistant City Attorney, and Steven K. Hansen, Deputy City Attorney, for Real Party in Interest.

NARES, J.

Petitioner Steven A. Baustert asserts his misdemeanor trial was continued past the statutory speedy trial deadline set forth in Penal Code1 section 1382, subdivision (a)(3)(A) (hereafter section 1381(a)(3)(A)) without good cause. We conclude that because no good cause existed for the continuance, Baustert's statutory right to a speedy trial was violated, and the action should have been dismissed. We therefore grant the petition...

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