Price

People v. Price

Good Law
165 Cal. App. 3d 536·1985 Cal. App. LEXIS 1742·211 Cal. Rptr. 642
Court of Appeal of CaliforniaMarch 12, 1985B004834California3,332 words

Opinion

Opinion

Feinerman, J.

This is a People’s appeal (Pen. Code, § 1238, subd. (a)(8)) from an order dismissing a three-count information which charged defendant with acts of sexual misconduct in violation of Penal Code sections 288, subdivision (a), 288a, subdivision (c) and 286, subdivision (c).

Defendant filed a written motion to dismiss in which he claimed that he had been denied his right to a speedy trial in violation of the Sixth Amendment to the United States Constitution and article I, section 15 of the California Constitution, and that he had been denied due process under the Fourteenth Amendment to the United States Constitution. The written motion focused entirely on the alleged speedy trial violation and cited only authorities relevant to that contention. At the hearing on the motion, defense counsel made" certain oral representations relevant to his due process claim. According to the reporter’s transcript, at the time the court granted the motion it gave no statement of reasons, although the judge made certain comments during the course of the hearing which we will refer to when relevant. The minute order of the proceedings recites that the motion was granted pursuant to Penal Code…

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