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SMITH v. SUPERIOR COURT

No. S188068.

54 Cal.4th 592 (2012)

142 Cal. Rptr. 3d 880

278 P.3d 1231

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

Supreme Court of California.

July 2, 2012.

Attorney(s) appearing for the Case

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

Ronald L. Brown , Public Defender (Los Angeles) and John Hamilton Scott , Deputy Public Defender, for Public Defender of Los Angeles County as Amicus Curiae on behalf of Petitioner.

No appearance for Respondent.

Edmund G. Brown, Jr. , and Kamala D. Harris , Attorneys General, Dane R. Gillette , Chief Assistant Attorney General, Gerald A. Engler , Assistant Attorney General, Laurence K. Sullivan , Stan Helfman and Masha Dabiza , Deputy Attorneys General, for Real Party in Interest.

OPINION

CANTIL-SAKAUYE, C. J. —

Under Penal Code section 1382, a defendant charged with a felony is entitled to be brought to trial within 60 days of arraignment unless (1) the defendant has expressly or impliedly consented to having trial set for a date beyond that period, or (2) there is "good cause" for the delay. (Pen. Code, § 1382, subd. (a)(2).)1 When a defendant's trial has been properly continued...

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