How does section 1382 of the California Penal Code apply to dismiss an action brought by a defendant after a mistrial has been declared?

California, United States of America


The following excerpt is from People v. Price, B281164 (Cal. App. 2018):

and amplified' these fundamental guarantees by various statutory enactments, including Penal Code section 1382. [Citation.]" (People v. Harrison (2005) 35 Cal.4th 208, 225.) Section 1382 provides in relevant part that, in a felony case that resulted in a mistrial, the trial court must order the action dismissed if a defendant "is not brought to trial" "within 60 days after the mistrial is declared," "unless good cause to the contrary is shown." ( 1382, subd. (a) & (a)(2).) It further provides, "Whenever a case is set for trial beyond the 60-day period by request or consent, express or implied, of the defendant without a general waiver, the defendant shall be brought to trial on the date set for trial or within 10 days thereafter." ( 1382, subd. (a)(2)(B).)

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