Bailon

Summary

Claiming violation of his statutory right to a speedy trial, Armando Bailón, Jr., moved to dismiss his misdemeanor case. The trial court denied the motion, and the appellate division of the superior court denied Bailón’s subsequent writ petition to that court challenging the trial court’s ruling. In this court, Bailón now seeks a writ of mandate directing the appellate division to vacate its prior order and directing that court to issue a new order compelling the trial court to dismiss the misdemeanor case against Bailón. We issued an order to show cause, and after considering the briefing and oral argument from Bailón and the People, we grant the writ petition.

Factual and Procedural Synopsis

Bailón was cited for a misdemeanor violation of Vehicle Code section 23152, subdivision (a), driving under the influence of drugs or alcohol. On November 7, 2001, after he was appointed counsel and while he was free on his own recognizance, Bailón was arraigned and entered a not guilty plea. On November 21, Bailón “waive[d] statutory time,” but requested a trial date of December 14. On December 14 (“Day 00 of 10” according to the court’s minute order), Bailón appeared but…