Osman

Rockard J. Delgadillo, City Attorney, Debbie Lew, Assistant City Attorney, and Candice I. Horikawa, Deputy City Attorney, for Real Party in Interest.

Penal Code section 1007 states that following an order sustaining a defendant's demurrer to a criminal complaint for a defect that can be remedied by amendment, the court must permit amendment "within such time not exceeding 10 days as it may fix." Penal Code section 1008 requires that the action be dismissed if an amended complaint is not filed within the time fixed. Here, an order sustaining the demurrer of petitioner, Randa Osman, allowed 33 days to amend. No objection was interposed, but 22 days later Osman filed a motion to dismiss the complaint. We conclude that by her silence in the face of the trial court's order permitting amendment beyond the statutory time limit, Osman forfeited her right to have the amended complaint filed within 10 days. Accordingly, we deny Osman's petition seeking an order directing that the complaint be dismissed.

Osman was charged by complaint with misdemeanor vehicular manslaughter (Pen.Code, § 192, subd. (c)(1)) for causing death while driving in the commission of an unlawful act not…