Tucker

Good cause for the delay of trial exists when an incarcerated criminal defendant is under quarantine to prevent the spread of infectious disease. A contrary holding would require trial court personnel, jurors, and witnesses to be exposed to debilitating and perhaps life-threatening illness. Public health concerns trump the right to a speedy trial.

Jesse Alan Tucker appeals his conviction, by jury, of grand theft of an automobile (Pen. Code, § 487, subd. (d)(1)) 1 and receiving stolen property. (§ 496, subd. (a).) The jury also found true an allegation that appellant had served a prior prison term. (§ 667.5.) Appellant was sentenced to a term of four years in state prison. He was' awarded 259 days’ custody credit, consisting of 173 days’ actual custody and 86 days’ local conduct credit. He contends the trial court violated his right to a speedy trial by continuing the trial date without his consent and without good cause. He further contends the trial court erred in calculating his local conduct credits and that he is entitled *1315 to an additional 86 days’ credit. In the unpublished portion of this opinion, we agree with the latter contention and modify the judgment to…