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Name: People v. Sutton
Case #: B195337
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 07/30/2008
Subsequent History: rev. grant 10/28/08, S166402
Summary

Good cause existed to continue trial of jointly charged defendants where one counsel is engaged in another trial. The joint trial of Sutton and Jackson began six days after the 60-day statutory deadline because Jackson’s counsel was engaged in trial on another matter. On appeal, appellants contended that good cause did not exist to continue the trial beyond the statutory deadline. The appellate court rejected the argument and affirmed. An appointed counsel’s present engagement in another matter is good cause to continue the joint trial of jointly charged defendants. The right to a trial within sixty days is not absolute, but is subject to the discretion of the trial court in evaluation of conflicting policy and pragmatic considerations. Here, that included the relative brevity of the delay, and the not insignificant burden on the court system of conducting two trials.