PEOPLE v. SUTTON

No. S166402.

48 Cal.4th 533 (2010)

106 Cal. Rptr. 3d 883

227 P.3d 437

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

Supreme Court of California.

April 5, 2010.


Attorney(s) appearing for the Case

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

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

Michael P. Judge, Public Defender (Los Angeles) 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, Lawrence M. Daniels and David E. Madeo, Deputy Attorneys General, for Plaintiff and Respondent.

Steve Cooley, District Attorney (Los Angeles), Irene Wakabayashi, Head Deputy District Attorney, Phyllis C. Asayama and Shirley S. N. Sun, Deputy District Attorneys, for District Attorney of Los Angeles County as Amicus Curiae on behalf of Plaintiff and Respondent.


OPINION

GEORGE, C. J.

Penal Code section 1382—one of the principal provisions implementing California's statutory right to a speedy trial—provides that when a defendant charged with a felony is not brought to trial within 60 days of arraignment on an indictment or information (and the defendant has not expressly or impliedly consented to having trial set for a date beyond that period), the criminal charges against the defendant...

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