People v. Hernandez CA4/1

DISCUSSION

Hernandez contends his case must be dismissed because he was denied his right to a speedy trial. We disagree. The court reasonably continued Hernandez’s trial when his counsel became engaged in a different trial for another client and there were no other attorneys immediately available to substitute in on his case. In any event, Hernandez has failed to demonstrate that he was in any way prejudiced by the relatively short delay.

A. Speedy Trial Right: General Principles

Under the United States and California Constitutions, the criminally accused are entitled to a speedy trial. (U.S. Const., 6th Amend.; Cal. Const., art. I, § 15.) The speedy trial right is intended “ ‘ “ ‘(i) to prevent oppressive pretrial incarceration; (ii) to minimize anxiety and concern of the accused; and (iii) to limit the possibility that the defense will be impaired.’ ” ’ ” (Elias v. Superior Court (2022) 78 Cal.App.5th 926, 937 (Elias).)

3 The California Legislature enacted section 1382 to interpret and implement the constitutional speedy trial right. (Elias, supra, 78 Cal.App.5th at p. 937; People v. Johnson (1980) 26 Cal.3d 557, 561 (Johnson).) The statute “provides that when a defendant…