Simpson

Appellant was originally arraigned in the Morgan Hill Justice Court for violation of sections 23102, 22350 and 12951 of the Vehicle Code. On February 22, 1974, his motion for a change of venue to the San Jose Municipal Court was granted and he was arraigned in the latter forum on March 26, 1974.

On April 8, 1974, a pretrial hearing was held and trial was set for April 15, 1974. The following day appellant filed notice of a motion to dismiss the action pursuant to subdivision 3 of section 1382 of the Penal Code. The motion was denied. Appellant then challenged the order of denial by filing a petition for a writ of mandate, contending under Cody v. Justice Court (1965) 238 Cal.App.2d 275 [ 47 Cal.Rptr. 716 ] that he had not been brought to trial within the 45-day period specified in subdivision 3 of section 1382 of the Penal Code, which period had commenced to run anew on February 22, 1974 (the date that the motion for change of venue had been granted). The petition was denied and this appeal followed.

In Cody v. Justice Court, supra, the defendant was arrested and charged on April 14, 1964. Trial was set for June 25, 1964, and was ultimately continued to November 17,…