Harris

This petition for writ of mandate challenges a trial court ruling that petitioner’s speedy retrial rights (Pen. Code, § 1382) were not violated by a continuance granted counsel to permit preparation of a transcript of the first trial. Initially we denied the petition, but upon order of the Supreme Court we issued the alternative writ and have heard argument on the petition. We conclude again that the matter is controlled by the ruling in Townsend v. Superior Court (1975) 15 Cal.3d 774 [ 126 Cal.Rptr. 251 , 543 P.2d 619 ], which permits defense *764 counsel to waive his client’s rights to a speedy trial. Our reasoning follows.

Petitioner was first arrested on October 25, 1978, and charged with rape (Pen. Code § 261, subds. 2 and 3) and false imprisonment (Pen. Code, §§ 236-237). His first trial ended January 22, 1979, when he was found guilty as charged.

On April 20, 1979, Judge James Wright granted petitioner’s motion for a new trial and set June 11, 1979 as the new trial date. On May 3, 1979, Judge David Leahy granted the motion of petitioner’s attorney Lewis Becker to be relieved as counsel of record, appointing the public defender’s office in his place. Assistant…