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Name: Bailon v. Superior Court
Case #: B156079
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 06/03/2002
Subsequent History: As modified on denial of rehg. 6/27/02.

Appellant was charged with misdemeanor driving under the influence. He waived time for trial, clearly stating that that the time waiver was for two days only, and that the last day would be December 26. The trial was set for December 26. On December 26, the case could not go to trial because of a miscommunication between the clerk and the jury room. Appellant objected to a continuance and moved to dismiss. The trial court denied his motion, finding good cause for a continuance. Here, the appellate court granted appellant’s writ petition and ordered the case dismissed. The prosecutor affirmatively agreed to December 26 being the last day for trial. To argue on appeal that it was not actually the last day, because of a ten day grace period provided by Penal Code section 1382, was a manipulation of procedural rules for adversarial advantage, which should be avoided.