Baca

Plaintiff and appellant The People of the State of California (the People) appeal the dismissal of a misdemeanor complaint which alleged defendant and respondent Julie Masie Baca (Baca) had driven a vehicle while under the influence of alcohol or drugs and had driven a vehicle with .10 percent, or more, of alcohol in her blood. (Veh. Code, § 23152, subdivisions (a), (b).) The complaint further alleged Baca had driven with a blood alcohol content in excess of .20 percent within the meaning of Vehicle Code section 23206.1 and had suffered two prior convictions of driving under the influence within the preceding seven years.

The trial court properly granted Baca’s motion to dismiss on speedy trial grounds because, absent a time waiver, a misdemeanor defendant who is in custody at arraignment must be tried within 30 days of arraignment or entry of plea, whichever event occurs later.

Factual Background

On March 1, 1988, Baca appeared in custody before the Municipal Court for the Citrus Judicial District for arraignment on the instant driving under the influence charge. Baca requested and received a continuance to the *677 following day for entry of plea. The trial court set…