Egbert

These cases come to us on certification from the appellate department of the superior court to decide whether a defendant, after pleading guilty to a misdemeanor, may challenge on appeal the denial of a motion to dismiss on constitutional or statutory speedy trial grounds. We conclude a claimed speedy trial violation, statutory or constitutional, does not survive a guilty plea in misdemeanor prosecutions. Accordingly, we affirm the judgments.

People v. Egbert—D028399

On October 30,1995, Laurie Egbert was arraigned in the municipal court and pleaded not guilty to five misdemeanor counts involving domestic violence. Although jury trial was set for November 27, 1995, Guy Haines, the prosecution’s complaining witness, failed to appear on that date despite having been served with a subpoena. The court granted the People’s request to trail the matter to November 29 and on November 27 issued a bench warrant to secure Haines’s presence.

Haines again failed to appear when the case was called on November 29, the 30th day after Egbert’s arraignment, despite the prosecutor’s efforts to secure his presence. Over defense counsel’s objection, the court found good cause to trail the…