Smith v. Superior Court

[EDITORS' NOTE: THIS OPINION IS DEPUBLISHED UPON GRANTING OF PETITION FOR REVIEW. THE OPINION APPEARS BELOW WITH A GRAY BACKGROUND.] [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 771 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 772 OPINION Donald Smith contends that his statutory right to a speedy trial has been violated and seeks writ relief from the denial of his motion to *Page 773 dismiss. We agreed and granted the requested relief. The People petitioned for review. The California Supreme Court directed this court to vacate our prior decision and reconsider in light of People v. Sutton (2010) 48 Cal.4th 533 [ 106 Cal.Rptr.3d 883 , 227 P.3d 437 ] ( Sutton ). We conclude that Sutton does not alter the statutory analysis on which our prior decision was based. Accordingly, we grant the relief requested by Smith. I. FACTUAL AND PROCEDURAL BACKGROUND On February 10, 2009, 1 an information was filed, jointly charging Smith and Christopher Sims with one felony count of first degree residential…