Cory

Appellant was convicted of one count of robbery and sentenced to the midterm of three years, plus an enhancement of two years for use of a firearm (Pen. Code, § 12022.5). On appeal he contends: (1) that he was denied his right to a speedy trial because not brought to trial within the time limit specified by Penal Code section 1382; (2) that the sentence enhancement must be stricken because the jury did not return a finding sufficient to support it; (3) that refusal to allow defense counsel to make a second closing argument to the jury denied appellant due process. We affirm.

I. While Appellant’s Trial Did Not Commence Within the Speedy Trial Limitation Period of Section 1382, the Error Does Not Require Reversal.

In California, the constitutional right to a speedy trial has been particularized by section 1382, which provides in relevant part that unless good cause to the contrary is shown, the trial court must dismiss a prosecution if the defendant is not brought to trial either within 60 days after the information is filed, or, if the defendant has consented to a later trial date, within 10 days after the date so set. If the trial court erroneously denies a motion to…