Tudman

Petitioners here are two defendants in a criminal prosecution in the superior court seeking a writ to compel that court to dismiss the action upon the ground of failure to try the case within the time allowed by Penal Code section 1382. The material facts are not in dispute.

By an indictment presented September 2, 1971, defendants were charged with grand theft (Pen. Code, § 487). With the consent of defendants the joint trial was set for February 24, 1972.

On February 24 defendant McLaughlin requested a continuance upon the ground he wished to change attorneys. Defendant Tudman answered ready, and objected to any continuance. The court overruled the objection and continued the trial to May 18.

On May 18 McLaughlin appeared with new counsel, who asked for time to prepare. Tudman objected to any continuance and moved for a severance. Tudman’s motion was denied and the trial was continued to June 23.

On June 23 both defendants answered ready for trial. The People requested a continuance upon the ground that the district attorney wished to assign a different deputy to the case, so that the deputy previously assigned would be available to try another pending case.…