Marcotte

On September 5, 1974, respondent Leo Marcotte was charged by complaint filed in the Santa Clara County Municipal Court with misdemeanor drunk driving. (Veh. Code, § 23102, subd. (a).) On October 22, 1974, the municipal court granted a motion by Marcotte (Pen. Code, § 1538.5)"to suppress a blood sample as evidence.

Trial was set for November 19, 1974. The district attorney filed a notice of appeal from the order of suppression on October 30, 1974. On November 8, 1974, Marcotte filed with the municipal court a motion to dismiss for failure to bring him to trial within 45 days (Pen. Code, § 1382). On November 15, 1974, the municipal court stayed proceedings pending the People’s appeal of the suppression order.

On February 2, 1975, the appellate department reversed the municipal court’s suppression order of October 22, 1974. Marcotte’s November 8 motion to dismiss was denied by the municipal court on March 23, 1975.

Marcotte then filed, on April 29, 1975, a petition for writ of prohibition in superior court to restrain the municipal court from taking further action in his case. A writ issued on the prosecutor’s default; that default was set aside May 28, 1975.

On June 5,…