Jensen
Jensen v. Superior Court
Opinion
Opinion
Zelon, J.
Petitioner Robyn Maureen Jensen petitions for a writ of
prohibition directing the trial court to take no further action other than to dismiss the charges against her on the basis of an alleged violation of her right to a speedy trial. (Pen. Code, § 1382.) We deny the petition.
FACTUAL AND PROCEDURAL BACKGROUND
Jensen was charged with driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)) and driving with a blood-alcohol content of above 0.08 percent (Veh. Code, §23152, subd. (b)), with the allegation pursuant to Vehicle Code section 23578 that her blood-alcohol content exceeded 0.15 percent. On February 23, 2007, the parties agreed to set the case for trial on March 22, 2007.
On March 21, 2007, the prosecution filed and served by fax a motion to continue the trial, listing the basis for the request as the fact that “Officer Tanner [the arresting officer] is out of town on pre-scheduled vacation returning April 16, 2007 and is not available to testify at the Jury Trial set for March 22, 2007.” On the following day, the day that the trial was supposed to begin, the prosecution asked for a continuance of the trial on the same basis, and Jensen objected on…