Burgos

Penal Code section 1050, subdivision (g)(2) 1 provides that “ ‘good cause’ ” for continuing a trial in a murder case includes the circumstance that “the prosecuting attorney assigned to the case has another trial, preliminary hearing, or motion to suppress in progress in that court or another court.” In this case, we resolve two unanswered questions regarding that section: Under what circumstances is another trial “in progress,” and may a prosecutor obtain more than one such continuance?

On December 27, 2011, Maria Burgos (petitioner) was arraigned on an information charging her with committing first degree murder. Under section 1382, she is entitled to dismissal of the action if she is not brought to trial within 60 days of her arraignment, unless “good cause” is shown for any delay. 2 Pursuant to section 1050(g)(2), the respondent trial court on four occasions granted the request of real party in interest, the People, for continuance of petitioner’s trial; the court concluded the section applied because the prosecutor was occupied in another murder case with hearings on motions in limine in the courtroom assigned for trial. Petitioner seeks writ relief, contending the…