Gaines

The People appeal the superior court’s issuance of a writ of mandate directing the municipal court to dismiss a misdemeanor prosecution against Clarence Gaines for failure to bring him to trial within 45 days of arraignment (Pen. Code, § 1382). We reverse.

On 23 November 1977 Gaines, arrested on an unrelated robbery charge and held under a no-bail warrant, was examined by Los Angeles Police Officer John W. Reeves, a narcotic expert, who formed the opinion that Gaines was under the influence of a controlled substance. On November 30 a complaint was filed in municipal court charging Gaines with a misdemeanor narcotic violation (Health & Saf. Code, § 11550). Gaines posted bail on the narcotic charge but remained in custody on the robbery warrant. On December 1 he was arraigned on the narcotic charge, and trial was set for December 21.

On December 5 a subpoena to appear at trial on December 21 was issued for Officer Reeves, and on December 8 Reeves was served with the subpoena. Because the trial date conflicted with Reeves’ scheduled vacation, he consulted his commanding officer, who ordered Reeves to prepare a “Declaration for Continuance” and take his vacation.…