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Name: Mendez v. Superior Court
Case #: D051512
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 04/30/2008
Summary

The trial court properly considered information not presented at a motion to continue hearing when it denied a section 1382 motion to dismiss. Mendez sought a writ of prohibition against the trial court’s order denying his motion to dismiss because the prosecutor failed to comply with the written notice and pleading requirements of section 1050 when it requested a continuance of the trial. He also contended that the prosecutor’s scheduling problems and the police officer’s unavailability to testify were not good cause for a continuance, and that in ruling on the motion to dismiss, the trial court was limited to considering the evidence presented at the section 1050 motion hearing. The appellate court rejected the argument and denied the writ of prohibition. The trial court could consider information not presented at the section 1050 hearing in ruling on the section 1382 dismissal motion. Based on the fact that the prosecutor had just received late notice that the officer was in another trial, the court properly found good cause to continue existed, and that the lack of written notice did not invalidate the good cause finding.