Matthews
Matthews v. Superior Court
Opinion
Opinion
Molinari, J.
In this proceeding we issued an alternative writ of mandate directed to respondent court to show cause why the information filed against petitioners should not be dismissed on the ground that they have been denied a speedy trial.
Each of petitioners, in an information filed in respondent court on November 9, 1970, were charged with violating several sections of the Health and Safety Code. Petitioners were arraigned and trial was set for December 14, 1970. On November 13, 1970, petitioners moved to set aside the information pursuant to Penal Code section 995. The motion was denied on December 8, 1970, and petitioners applied to the Court of Appeal for a writ of prohibition challenging said denial. On December 17, 1970, the Court of Appeal stayed the trial pending its determination of the respective petitions. An alternative writ of prohibition was issued on April 27, 1971. The alternative writ was discharged and the peremptory writ was denied on September 29, 1971. The Supreme Court denied petitioners’ request for a hearing on November 24, 1971.
On March 27, 1973, petitioners were ordered to and did appear in respondent court for resumption of the criminal proceedings.…