Hajjaj

People v. Hajjaj

Good Law
175 Cal. App. 4th 415·95 Cal. Rptr. 3d 916
Court of Appeal of CaliforniaJune 29, 2009D054754California5,593 words

Opinion

Opinion

Nares, J.

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 417 OPINION A defendant in a criminal case must be brought to trial within the statutorily prescribed time period unless good cause is shown. (Pen. Code, 1 § 1382, subd. (a).) This appeal 2 presents the following issue: When, on the last day of the prescribed time period, a courtroom becomes ready and available for trial in the late afternoon at a branch court physically remote from the criminal calendar court at the main courthouse and that remoteness prevents the parties and counsel from appearing for trial that day, does the physical remoteness constitute good cause to commence the trial the next day at the branch court? We conclude it does, as we will explain hereafter. The People appeal the dismissal under section 1382 of an information charging Firme Hassan Hajjaj, who was out of custody on bail during all of the proceedings in this matter, with one felony count of transporting for sale a controlled substance (methamphetamine) in violation of Health and Safety Code section 11379 , subdivision (a). After finding no courtrooms available for…

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