Hollis

In his petition for writ of prohibition, Robert Dwayne Hollis seeks pretrial review of the respondent court’s denial of his motion to dismiss the murder charge against him pursuant to Penal Code section 1382. So far as relevant here, that section provides: “The court, unless good cause to the contrary is shown, must order the action to be dismissed in the following cases: .... [f] 2. When a defendant is not brought to trial in a superior court within 60 days after the finding of the indictment or filing of the information . . . .”

On February 21, 1984, the district attorney filed an information jointly charging petitioner, his brother Ellis Hollis, Clarence Phillips, and Mitchell Thomas with murder. (Pen. Code, § 187, subd. (a).) Trial was set for April 17, 1984, 56 days after the filing of the information.

On March 29, 1984, Ellis Hollis moved for continuance on the ground there was insufficient time for his appointed counsel to prepare adequately for trial. Defendants Phillips and Thomas joined in the motion and, together with Ellis Hollis, waived time. Petitioner objected to the continuance and demanded trial as originally scheduled. When the court raised the…