Selfa

Petitioners Jon and Phillip Selfa seek writs of prohibition or mandate to compel respondent court to dismiss pending charges against them for violation of their statutory and/or constitutional rights to a speedy trial. We find merit in their statutory claim, and, on that basis, entitlement to the mandatory relief sought.

Factual Background. In August 1978 petitioners were arrested and charged with responsibility for a bank robbery which occurred that month. They were held to answer in October 1978 and trial was set for the following month. The district attorney, however, decided not to proceed with the trial at that time because he believed that the United States Attorney would undertake prosecution and (since multicounty acts were involved) that he would be in a better position to do so. On the day of the trial he moved for dismissal of the charges and, over petitioners’ objections, the motion was granted.

On April 24, 1979, no federal indictment having been returned, the district attorney refiled the same charges against petitioners. On that date, both petitioners were incarcerated in federal correctional institutions in California (Jon at Lompoc and Phillip at…