Skip to content
Name: Smith v. Superior Court
Case #: S188068
Court: CA Supreme Court
District CalSup
Opinion Date: 07/02/2012

When the circumstances of one defendant cause a trial to be continued beyond the 60-day period of Penal Code section 1362, there is good cause to continue a codefendant’s trial to a date within section 1382’s 10-day grace period to permit the defendants to be tried jointly. Sims and Smith were jointly charged with residential burglary. Smith did not enter a waiver of the right to be tried within 60 days. On the last day within the 60 day period, Sim’s counsel was ill and the trial was continued for both defendants on a day-to-day basis until the court found that counsel would be recovered and ready for trial on April 27. Based on that finding, it calculated that the last day to start trial would be May 7. On April 28, Smith unsuccessfully moved to dismiss the charges. The Supreme Court concluded that the trial court did not abuse its discretion in continuing Smith’s trial to a date within the 10-day period in order to permit Smith and Sims to be tried in a single joint trial. When the trial court continues the trial of a defendant to a date within Penal Code section 1382’s 10-day grace period, the state’s strong interests in a single, joint trial provide good cause to also continue the trial of a codefendant’s case to maintain joinder; a particularized showing is not required. Ten days is a reasonable period to allow both the trial court and the prosecution the scheduling flexibility required to bring a case to trial after the 60-day period has passed.