Pagnini

Pagnini v. Superior Court

Good Law
163 Cal. App. 3d 142·1984 Cal. App. LEXIS 2887·209 Cal. Rptr. 208
Court of Appeal of CaliforniaDecember 24, 1984No. G001534California1,656 words

Opinion

Lead Opinion

Trotter, J.

Petitioner asks us to determine he was denied a speedy trial by real party’s failure to bring him to trial within 60 days of our order denying his writ application and dissolving our previously issued stay order. We conclude the pendency in the California Supreme Court of petitioner’s subsequent application for extraordinary relief constituted statutory good cause sufficient to excuse any failure to timely bring petitioner to trial. We further find petitioner waived his speedy trial rights by seeking a stay of his trial and other affirmative relief from the Supreme Court.

Petitioner was charged with 20 counts of burglary (Pen. Code, § 459) and receiving stolen property (Pen. Code, § 496). He was arraigned on March 10, 1983, pleaded not guilty on March 28, and waived time for trial until May 31, 1983, in excess of the 60-day limit. Motions pursuant to Penal *144 Code sections 995 and 1538.5 were made and continued twice by stipulation until May 31, 1983. The section 995 motion was denied that date; however, an amended information containing enhancement allegations was filed and an oral section 995 motion was made on the newly filed enhancements pursuant to People v.…

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