People v. Superior Court (Rodriguez)

This is a proceeding in mandamus to determine whether, on November 9, 1982, real party in interest was entitled to dismissal of a pending misdemeanor charge under section 1382 of the Penal Code. We issued an alternative writ herein at the direction of the Supreme Court.

The preliminary facts are as follows: A complaint charging real party with driving while intoxicated (Veh. Code, § 23102, subd. (a)) was filed on December 17, 1981. Real party appeared with counsel on December 30, 1981, and pleaded not guilty. The matter was set for pretrial hearing on February 10, 1982. Real party waived statutory time for trial and was released on his own recognizance. After a continuance of the pretrial hearing, at real party’s request, trial was set for June 1, 1982. It was continued to September 7, 1982, without objection, and then to October 28, 1982, at real party’s request. It was then trailed to November 2d, to November 8th and to November 9th, on which date real party moved to dismiss. When the motion was denied the matter was continued to November 30, 1982, to enable real party to seek appellate relief.

On March 22, 1983, respondent superior court entered its judgment finding…