Manina

People v. Manina

Good Law
120 Cal. Rptr. 51·1975 Cal. App. LEXIS 1738·45 Cal. App. 3d 896
Court of Appeal of CaliforniaMarch 11, 1975Crim. 12716California1,539 words

Opinion

Opinion

Elkington, J.

Penal Code section 1381, with which we are here concerned, is one of several Penal Code sections declaratory of the constitutional right to a speedy trial. Such statutes are “ ‘supplementary to and a construction of the Constitution.” (Barker v. Municipal Court, 64 Cal.2d 806, 812 [ 51 Cal.Rptr. 921 , 415 P.2d 809 ]; People v. Wilson, 60 Cal.2d 139, 145 [ 32 Cal.Rptr. 44 , 383 P.2d 452 ].) The companion statutes are section 1381.5, concerning the right of a federal prisoner to timely trial on state charges, and section 1382, providing generally for trial on felony charges within 60 days of the filing of the indictment or information. Section 1382 provides for dismissal for failure to comply, “unless good cause to the contrary is shown.” While sections 1381 and 1381.5 contain no similar clause, it is established that a satisfactory showing of “good cause to the contrary” will defeat a dismissal under those sections also; this is so because “ ‘[w]hat is a speedy trial in the constitutional sense . . . depends on the circumstances of each case bearing on... good cause’for the delay in bringing a defendant to trial____” (Italics added.) )(Barker v. Municipal Court, supra, p.…

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