Baker

*262 Opinion

Petitioner challenges an order of the respondent court denying his motion to dismiss for failure to commence his trial within the time limits set forth in Penal Code section 1382. We grant the petition.

Facts

An information filed on May 3, 1989, charged petitioner with commercial burglary (Pen. Code, § 459). The provisions of Penal Code, section 1382, required the People to bring petitioner to trial within 60 days of that date.

The matter was continued several times for pretrial hearing to May 25. On that date, petitioner, who had been free on bail, notified the court that he could not get off work to attend court that day. The court issued a bench warrant, petitioner appeared the next day, and the warrant was recalled.

At another pretrial hearing on June 13, the respondent court set the case for trial on July 14, despite petitioner’s objection that under section 1382, trial must commence by July 3. The court, however, accepted the People’s position that petitioner’s failure to appear on May 25, and the ensuing bench warrant, started the 60-day period running anew. 2 On July 7, a date beyond the initial 60-day period, petitioner filed a motion to dismiss. The…