Yach

FACTS

On December 16, 2016, petitioner, Johanna Marie Yach, was arraigned out of custody on a misdemeanor complaint alleging hit and run with injury, and hit and run with property damage. Yach entered into a general time waiver until June 25, 2021, and at that time, trial was set for September 13, 2021, as day 0 of 10, with September 23, 2021, as the last day to start trial at the expiration of the 10-day trailing period in section 1382(a)(3)(B). On September 13, 2021, petitioner announced ready for trial, and the People filed a motion to continue the trial pursuant to section 1050. The People’s

* Before Moore, Acting P. J., Sanchez, J., and Marks, J.** ** Judge of the Orange Super. Ct., assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution. 1 All further references are to the Penal Code.

2 declaration explained that a continuance was necessary for two reasons. First, they were unable to subpoena the victims because they now reside out of state and they were not due to return to California until September 23, 2021, and second, Officer Roberts, the investigating officer was unavailable. According to the prosecutor’s declaration, on August…