Trial court order dismissing the case against defendant is affirmed where: 1) trial court did not abuse its discretion in denying the request to continue the case beyond the time limit set forth in Penal Code sec. 1382 after finding no courtroom available in which to try the matter, and there was nothing in the record to support the People’s claim that the court congestion was caused by the trial court’s mismanagement or administrative policy; and 2) the People are foreclosed from refiling the charges in this case under Penal Code sec. 1238 (a)(8).
Read People v. Wagner, No. E047167 in PDF
Read People v. Wagner, No. E047167 in HTML
Appellate InformationAPPEAL from the Superior Court of Riverside County. Helios (Joe) Hernandez, Judge. Affirmed.FOURTH APPELLATE DISTRICT, DIVISION TWOFiled July 21, 2009
JudgesBefore RICHLI, Acting P.J., GAUT, J., MILLER, J. Opinion by RICHLI, Acting P.J.
CounselFor Plaintiff: Rod Pacheco, District Attorney, and Alan D. Tate, Deputy District AttorneyFor Defendant: Stephen S. Buckley, under appointment by the Court of Appeal.
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Civil Rights
Block on Trump’s Asylum Ban Upheld by Supreme Court
Criminal
Judges Can Release Secret Grand Jury Records
Politicians Can’t Block Voters on Facebook, Court Rules
