Batey

The petitioner herein seeks a writ of mandamus compelling respondent court to dismiss a pending indictment because the matter was not brought to trial within the time periods specified in section 1382 of the Penal Code.

The procedural facts are these: Petitioner and a codefendant were indicted on December 11, 1975, on eight counts of grand theft (Pen. Code, § 487, subd. 1) and nine counts of violating section 29100 of the Corporations Code (’’bucketing”). Trial was first scheduled for April 29, 1976. A continuance was sought by both the People and the codefendant, the former because one of their witnesses was ill, the latter due to a need for further preparation. Trial was continued to July 13, 1976.

On June 16, 1976, respondent granted petitioner’s motion to dismiss the Corporations Code, section 29100 counts. On July 2, 1976, petitioner requested a continuance of the July 13th trial date to enable him to seek appellate review of respondent’s rulings on various pretrial motions. Trial was rescheduled for October 13, 1976, petitioner waiving his right to be tried sooner and being advised that he had a right to be tried on October 13th or within 10 days thereafter.…