Graves

The People appeal the trial court's dismissal of a criminal prosecution against defendant Michael Anthony Graves, charging him with battery and spousal battery. (Pen. Code, §§ 242, 243, subd. (e)(1).) [1] The People's appeal to the appellate division of the superior court was dismissed on the ground the order terminating the prosecution was not appealable. We granted the People's petition to transfer this case from the appellate division to this court pursuant to California Rules of Court, rule 8.1008. [2]

We transferred this case to settle an important question of law: How are courts to resolve the tension between (1) the People's right to trail a case within the time limit prescribed by the speedy trial statute, and (2) the trial court's right to deny a continuance request if the moving party has not shown good cause? Having given due consideration to the arguments presented by defendant Graves, the People, and amicus curiae, as well as to the parties' supplemental briefing, we reverse the trial court's ruling and remand for reinstatement of the misdemeanor complaint.

On December 23, 2004, the People filed a two-count misdemeanor complaint charging Graves with…