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PEOPLE v. SUTTON

No. B195337.

165 Cal.App.4th 646 (2008)

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL JEROME SUTTON et al., Defendants and Appellants.

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

CERTIFIED FOR PARTIAL PUBLICATION

Attorney(s) appearing for the Case

William L. Heyman, under appointment by the Court of Appeal, for Defendant and Appellant Michael Jerome Sutton.

Jennifer L. Peabody, under appointment by the Court of Appeal, for Defendant and Appellant Willie J. Jackson.

Michael P. Judge, Public Defender, and John Hamilton Scott, Deputy Public Defender, for Public Defender of Los Angeles County as Amicus Curiae on behalf of Defendants and Appellants.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Steven D. Matthews and David E. Madeo, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

ALDRICH, J.—

INTRODUCTION

The joint trial of defendants and appellants Michael Jerome Sutton and Willie J. Jackson began six days after the 60-day statutory deadline in Penal Code section 1382.1 The trial court continued the trial as to both defendants because Jackson's counsel was engaged in trial on another matter. On appeal, defendants...

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