Pogosyan

*632 A defendant charged with a misdemeanor has a right under Penal Code 1 section 1382 to be brought to trial within 45 days after arraignment if the defendant is not in custody at that time. 2 ( § 1382, subd. (a)(3).) If, however, the defendant requests or consents to the setting of a trial date after that 45-day period, the defendant must be brought to trial "on the date set for trial or within 10 days thereafter." ( § 1382, subd. (a)(3)(B).) If the defendant is not brought to trial within those time periods, the case against the defendant must be dismissed unless good cause for the delay is shown. ( § 1382, subd. (a).)

In this case, petitioner Alexander Pogosyan consented to the setting of a trial date for the misdemeanor case against him on a date beyond the 45-day period. He moved to dismiss the case after the trial court, at the prosecution's request, continued the matter to a date more than 10 days after the date set for trial. The trial court denied his motion to dismiss, and the Appellate Division of the Superior Court denied his subsequent writ petition on the ground that the 10-day "grace period" under section 1382, subdivision (a)(3)(B) did not begin to run on the…