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SMITH v. SUPERIOR COURT

No. A124763.

178 Cal.App.4th 373 (2009)

DONALD SMITH, Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, First District, Division Five.

October 13, 2009.

Attorney(s) appearing for the Case

Jeff Adachi, Public Defender, Teresa Caffese, Chief Attorney, Doug Welch and Charmaine Yu, Deputy Public Defenders, for Petitioner.

No appearance for Respondent.

Edmund G. Brown, Jr., Attorney General, Gerald A. Engler, Assistant Attorney General, Laurence K. Sullivan and Stan Helfman, Deputy Attorneys General, for Real Party in Interest.

OPINION

BRUINIERS, J.—

Donald Smith (Smith) contends that his statutory right to a speedy trial has been violated and seeks writ relief from the denial of his motion to dismiss. We agree and will grant the requested relief.

I. FACTUAL AND PROCEDURAL BACKGROUND

On February 10, 2009,1 an information was filed, jointly charging Smith and...

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