What is the test for dismissing a felony case under section 1382 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Giron-Chamul, 200 Cal.Rptr.3d 159, 245 Cal.App.4th 932 (Cal. App. 2016):

Section 1382 provides that "unless good cause to the contrary is shown" or the defendant waives the time limit, a trial court must dismiss a felony case "when [the] defendant is not brought to trial within 60 days of the defendant's arraignment[.]" ( 1382, subd. (a)(2).) "When a defendant's trial has been properly continued to a date beyond the 60day period, section 1382 further provides that the defendant is entitled to be brought to trial on the new trial date or within 10 days thereafter.

[200 Cal.Rptr.3d 179]

( 1382, subd. (a)(2)(B).)" (Smith v. Superior Court (2012) 54 Cal.4th 592, 609, 142 Cal.Rptr.3d 880, 278 P.3d 1231.)

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