What constitutes good cause for the delay of a criminal trial?

In People v. Johnson (1980) 26 Cal.3d 557, 162 Cal.Rptr. 431, 606 P.2d 738, the court said at page 570, 162 Cal.Rptr. 431, 606 P.2d 738: "What constitutes good cause for the delay of a criminal trial is a matter that lies within the discretion of the trial court.... In reviewing trial courts' exercise of that discretion, the appellate courts have evolved certain general principles. The courts agree, for example, that delay caused by the conduct of the defendant constitutes good cause to deny his motion to dismiss. [Fn. omitted.] Delay for defendant's benefit also constitutes good cause. [Fn. omitted.] Finally, delay arising from unforeseen circumstances, such as the unexpected illness or unavailability of counsel or witnesses constitutes good cause to avoid dismissal...."

The delay initially was caused by the unforeseen unavailability of counsel. It was not until after 4 p.m. that the deputy public defender became engaged in the trial of another matter. This caused her to be unavailable to handle petitioner's case, and constitutes an unforeseen circumstance. So far as the trial court was concerned, it had ordered petitioner to be ready for trial at 10 a.m. that morning. Primarily the continuance was made necessary to comply with the request of petitioner to get new counsel, so it can be said that this continuance was due to the conduct of petitioner. We do not mean to imply that this was wrongful conduct on the part of petitioner, albeit the trial court properly regarded this as a foolish decision on petitioner's part. Thirdly, the continuance was for petitioner's benefit. If petitioner wished to have a new attorney appointed, the court had to find such attorney, for it is obvious that even if it were not after 4 p.m. and even if jurors were available, any new counsel who might be found would have to examine the file, and talk to petitioner at length before being properly prepared to proceed. Hence all three exceptions set forth in People v. Johnson, supra, exist in this finding of good cause.