Huerta

On January 21, 1971, an information was filed in respondent court, charging petitioners with burglary, in violation of section 459 of the Penal Code. They were arraigned on January 25, 1971, and pled not guilty. Trial was set for March 16, 1971. On that date, the information was amended by adding allegations charging petitioner Huerta with five prior felony convictions and petitioner Gonzales with three prior felony convictions. Petitioners were arraigned on the amendments and denied the priors. The case then trailed “because of a congested calendar” on the 16th, 17th and 18th. On the 18th it was continued until March 22, the minutes containing an entry that the court had determined that “March 22, 1971, is the 60th day from the date of filing the information.” On March 22, both defendants were present and their counsel announced they were ready for trial; counsel were instructed to remain on call for an open court. They were not called and the case was trailed, on the court’s own motion, to March 23 “because of congested calendar.” On March 23, petitioners moved, pursuant to section 1382 of the Penal Code, for a dismissal. The motion was denied. The present petitions…