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Barsamyan v. Superior Court (People) (2008) , Cal.4th
[No. S148712. Aug. 7, 2008.]
VARDUI ROSE BARSAMYAN, Petitioner, v. APPELLATE DIVISION OF THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest.
(Superior Court of Los Angeles County, No. BS099858, Marvin Lager, Fumiko Hachiya Wasserman, Debre Katz Weintraub, Donna Groman, Bobbi Tillmon, Judges.)
(The Court of Appeal, Second Dist., Div. Seven, No. B188695, 144 Cal.App.4th 602.)
(Opinion by George, C. J., expressing the unanimous view of the court.)
OPINION
GEORGE, C. J.-
The present case requires us to construe the statutory speedy trial provisions contained in Penal Code section 1382, subdivision (a) (section 1382(a)). fn. 1 The statute requires dismissal of an action if, absent demonstrated good cause, a defendant is not brought to trial within a specified period following arraignment or plea. For persons such as petitioner who are charged with misdemeanors and are not in custody, the statutory period is 45 days. The action will not be dismissed for delay beyond the specified period, however, if the defendant enters a general time waiver or "requests or consents to the setting of a {Slip Opn. Page 2} trial date beyond the [statutorily prescribed] period." (§ 1382 (a)(2)(B) [felony]; § 1382(a)(3)(B) [misdemeanor or infraction].) But "[w]henever a case is set for trial beyond the [initial statutorily prescribed] period by request or consent, expressed 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(a)(2)(B) & (3)(B), italics added.)
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