Turner
Turner v. Municipal Court for Oakland-Piedmont Judicial District
Opinion
Lead Opinion
Christian, J.
Timothy Turner petitions this court for a writ of prohibition to restrain respondent municipal court from proceeding with a trial assertedly set in violation of his speedy trial right.
On February 6, 1981, petitioner pleaded not guilty to a charge of petty theft. (Pen. Code, § 484.) Petitioner waived time; the case was set for trial on July 27, 1981. No court was available on that date and a new date was set for August 27, 1981. Again no court was available and trial was set for October 7, 1981.
*646 At the time set for trial petitioner did not appear. His counsel was present and heard that no trial space was available. He then withdrew petitioner’s time waiver and demanded that petitioner be tried within 10 days pursuant to Penal Code section 1382, subdivision 3. Later the same morning, the case was called on the trial calendar; petitioner was still not present. The judge ordered that a bench warrant be issued and vacated the trial date.
At 2 p.m. the same day, petitioner appeared and the case was called again. The judge withdrew the bench warrant but refused to set a trial date within the 10-day period requested by petitioner. Trial was set for November 18, 1981.