Perryman

In this case, we hold that defendants’ successful motion to quash a jury venire and begin jury selection again with a new panel of prospective jurors was not a “mistrial” motion, despite defendants’ initially having labeled it as such, and, because the prosecution was not prejudiced, it did not trigger a new period in which defendants could be “brought to trial” under Penal Code section 1382, subdivision (a)(2).

FACTS

An information filed August 11, 2005, charged Stanley Bernard Perryman and Nicole Evyette Gaston with selling cocaine base (count 1), and Perryman with possessing cocaine base for sale (count 2), on April 14, 2005. (Health & Saf. Code, §§ 11352, subd. (a), 11351.5.) The information also alleged that each defendant had several prior felony convictions.

On August 11, 2005, Perryman and Gaston were arraigned and pled not guilty. The 60th day following August 11 was October 10 (a holiday), requiring that Perryman and Gaston be brought to trial no later than October 11. Trial was calendared for Thursday, October 6.

On October 6, Judge James Pierce, to whose courtroom the case was assigned after being transferred that morning from another department, called…