Jackson v. Superior Court

John Barry Jackson, an incarcerated defendant, seeks a writ of mandate directing the respondent court to dismiss all charges because trial was continued beyond the statutory time period (Pen. Code, § 1382), thereby depriving him of the right to speedy trial. Because the delay was the result of official conduct not justified by good cause, we grant the writ.

Background

After numerous continuances, the trial was set on February 11, 1991, the last day to which the parties had agreed for extension of the statutory time period. When Jackson’s case was called for trial, at 11:30 a.m. on February 11, 1991, defense counsel was in the courtroom. Jackson was not present because the sheriff had not transported Jackson to court until approximately 11:15 a.m. When the case was called Jackson was retained in a general holding area of the courtroom. Jackson was taken to the holding cell adjacent to the courtroom at noon. By that time trial had been continued over defense counsel’s objection. The court found good cause to delay trial because “Sheriff fails to deliver defendant to court.” The court commented that a defendant’s presence was needed by 9:30 a.m. in order to “make…