Medina

Procedural Background

On March 2, 1999, an information was filed in respondent Superior Court of Los Angeles County by real party in interest, the People of the State of California (the People). The information charged petitioner Porfirio Luz Medina with having committed robbery (Pen. Code, §211; count 1) and commercial burglary (Pen. Code, § 459; count 2) on January 28, 1999. It was further alleged as to count 1 that petitioner personally used a deadly or dangerous weapon (Pen. Code, § 12022, subd. (b)(1)). It was also alleged that petitioner had suffered various prior felony convictions, including a conviction for a serious or violent felony that constituted a strike under the “Three Strikes” law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), thereby making the instant case a “second strike” case. After a number of continuances, the case was set for trial in respondent court on January 11, 2000.

On January 11, 2000, petitioner moved to continue the case for trial to the date of January 31, 2000. Respondent court obtained an express time waiver from petitioner. Respondent court explained to petitioner that he had a right to have his trial held within 10…