Agnew

The cause was transferred to this court after decision by the Appellate Department of the Superior Court of Los Angeles County. We adopt the opinion of that court, prepared by Judge Prank G. Swain, which is as follows (words indicated by abbreviations therein are inserted) :

Penal Code section 1382, subdivision 3, provides: “The court, unless good cause to the contrary is shown, must order the action to be dismissed in the following cases: . . . 3. Regardless of when the complaint is filed, when a defendant in a misdemeanor case in an inferior court is not brought to trial within 30 days after he is arrested unless he has signed a written notice to appear, in which case within 45 days after the latest date by which he has promised to appear, or the date upon which he does in fact appear, whichever may be later ...” (Italics added.)

The defendant claims that he “appeared” on November 25, 1964, when he “appeared” before the clerk as directed; the prosecution claims that he did not “appear” until he appeared in court on December 1, 1964. If the 45-day period specified in Penal Code section 1382, subdivision 3, began to run November 25,1964, it ended January 9, 1965, and the trial…