Travaglini
People v. Travaglini
Opinion
Lead Opinion
Ashby, J.
Pursuant to Penal Code section 1382 the trial court dismissed a three-count information against defendant on the ground that defendant had not been brought to trial within 60 days of the filing of the information. The People appeal.
We reverse. The record shows the reason defendant was not brought to trial within 60 days is that he was extradited to another state and upon his release he thereafter failed to appear for the California proceedings. Under the circumstances, there was no denial of defendant’s right to a speedy trial.
On August 2, 1979, defendant was arraigned on an information charging him with burglary, receiving stolen property and taking of a vehicle. He pleaded not guilty, and the matter was set for pretrial and trial setting for September 7.
On August 3 the police learned that defendant was wanted as a fugitive from Colorado. On August 8, 1979, defendant appeared in municipal court, was advised of his right to contest extradition and to require the issuance of a Governor’s warrant, and in the presence of the magistrate he signed a waiver of extradition proceedings. (Pen. Code, *384 § 1555.1.) Nothing was said about the pending California information.…