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Name: Burgos v. Superior Court
Case #: A134928
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 05/31/2012
Summary

Under Penal Code section 1050, subdivision (g)(2), in the prosecution of a murder case, good cause for a continuance may be established where the prosecuting attorney has another trial in progress. In this petition for writ of mandate, the court considered the interplay between Penal Code sections 1382 and 1050, subdivision (g)(2). Section 1382 (speedy trial) requires dismissal for delay in a felony case exceeding 60 days unless good cause is shown. Section 1050, subdivision (g)(2) allows for a continuance of trial in a murder prosecution where the prosecuting attorney has a qualifying scheduling conflict. Good cause is shown where the prosecuting attorney, “assigned to the case has another trial, preliminary hearing, or motion to suppress in progress in that court or another court. A continuance under this paragraph shall be limited to a maximum of 10 additional court days.” The court held that the phrase “trial . . . in progress” does not require the jury to have been sworn but only that the case has been called for trial by a judge who is available and ready to try the case, the court has committed its resources to the trial, and the parties are ready to proceed. Here, because the prosecuting attorney was involved in pretrial evidentiary hearings in another case, the trial in the case was “in progress.” The number of continuances under section 1050 subdivision (g)(2) is not limited except as set forth in the statute.