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PEOPLE v. WAGNER

No. E047167.

175 Cal.App.4th 1377 (2009)

THE PEOPLE, Plaintiff and Appellant, v. TONY ROBIN WAGNER, Defendant and Respondent.

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

July 21, 2009.

Attorney(s) appearing for the Case

Rod Pacheco, District Attorney, and Alan D. Tate, Deputy District Attorney, for Plaintiff and Appellant.

Stephen S. Buckley, under appointment by the Court of Appeal, for Defendant and Respondent.

OPINION

RICHLI, Acting P.J.—

This is an appeal by the People from the dismissal of the case against defendant Tony Robin Wagner pursuant to Penal Code section 13821 because the trial court found there were no courtrooms available to hear the last-day case in a timely manner, and there was not good cause to continue the case.

The People contend on appeal that the trial court, pursuant to section 1050...

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