Arroyo

The trial court continued Sergio Arroyo’s trial, over his objection, beyond 60 days from the date he was arraigned on the indictment in the superior court. The sole reason for the continuance was to permit Arroyo’s joint trial with a codefendant, who was not arraigned until the day before Arroyo’s scheduled trial date. Arroyo seeks extraordinary writ relief from the superior court’s denial of his subsequent motion to dismiss. (Pen. Code, § 1382.) He contends the continuance was without good cause and he was denied his statutory right to a speedy trial. We agree and grant the petition.

FACTS

Sergio Arroyo and a codefendant, Jose Luis Garcia Divas, were charged in a complaint with possession with intent to manufacture methamphetamine. Both were arraigned on the information on July 31, 2003, and a trial was scheduled for October 14.

On October 7, the grand jury issued an indictment against Arroyo, Divas, and a third codefendant, Aura Amaya. Arroyo and Divas were charged with conspiracy to possess pseudoephedrine with intent to manufacture methamphetamine. Amaya was charged with the substantive possession offense.

On October 21, Arroyo appeared in court for arraignment on…