Stephens

Petitioner, a defendant in a criminal action currently pending in respondent court, Municipal Court of Los Angeles Judicial District, seeks an extraordinary writ requiring the respondent court to set aside its order denying his motion to dismiss a pending misdemeanor charge under Penal Code section 1382, subdivision 3, and directing the grant thereof.

We issued an alternative writ herein. For the reasons set forth below, we have concluded that we improvidently issued the alternative writ and that the requested relief should be denied since the trial herein was ultimately set to commence within the 10-day period contemplated by section 1382, subdivision 3.

Facts and Proceedings Below

On November 28, 1984, a complaint was filed in respondent court, charging petitioner with a violation of Penal Code section 12025, a misdemeanor, to wit: carrying a concealed firearm. On December 4, 1984, petitioner appeared in Division 105 of respondent court, and his case was continued for plea to January 15, 1985. On that date, the record reflects that petitioner was advised of his constitutional rights and his right to counsel. After inquiry by the court and the advisement of his…