Sutton

Penal Code section 1382—one of the principal provisions implementing California’s statutory right to a speedy trial—provides that when a defendant charged with a felony is not brought to trial within 60 days of arraignment on an indictment or information (and the defendant has not expressly or impliedly consented to having trial set for a date beyond that period), the criminal charges against the defendant shall be dismissed unless there is “good cause” for the delay.

In the present case, on the 60th day after arraignment, the appointed counsel of one of two jointly charged defendants was engaged in another trial that had extended longer than anticipated but that was expected to be completed very shortly. For that reason, the trial court found there was good cause to delay the trial of both defendants (without their consent) on a day-to-day basis until the attorney’s other trial was completed. Ultimately, the trial in the present proceeding commenced on the 66th day after arraignment. At that trial, both defendants were convicted of all charged offenses.

In the Court of Appeal, defendants principally contended that the trial court erred in finding that appointed…