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PERRYMAN v. SUPERIOR COURT

Nos. B187073, B187161.

46 Cal.Rptr.3d 306 (2006)

141 Cal.App.4th 767

Stanley Bernard PERRYMAN, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; People of the State of California, Real Party in Interest. Nicole Evyette Gaston, Petitioner, v. The Superior Court of Los Angeles County, Respondent; People of the State of California, Real Party in Interest.

Court of Appeal of California, Second District, Division One.

July 24, 2006.

Attorney(s) appearing for the Case

Michael P. Judge, Public Defender, Marie Lui and John Hamilton Scott, Deputy Public Defenders for Petitioner Stanley Bernard Perryman.

Janice Y. Fukai, Alternate Public Defender, Michael Goodman and Yvonne Velasquez, Deputy Alternate Public Defenders, for Petitioner Nicole Evyette Gaston.

No appearance for Respondent.

Steve Cooley, District Attorney, Phyllis Asayama and Roberta Schwartz, Deputy District Attorneys, for Real Party in Interest.

ROTHSCHILD, J.

In this case, we hold that defendants' successful motion to quash a jury venire and begin jury selection again with a new panel of prospective jurors was not a "mistrial" motion, despite the defendants' initially having labeled it as such, and, because the prosecution was not prejudiced, it did not trigger a new period in which defendants could be "brought to trial" under Penal Code section 1382, subdivision (a)(2).1

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