Trial court's dismissal of a criminal proceeding pursuant to Penal Code section 1382 affirmed, as lack of a number of judges sufficient to timely try the present case is fairly attributable to the state's failure
People v. Engram, S176983, concerned a challenge to the judgment of the Court of Appeal upholding the trial court's dismissal of a criminal proceeding pursuant to Penal Code section 1382, in a prosecution of defendant for burglary.
In affirming, the court held that the decisions in Cole and Flores correctly determined that the Riverside court did not violate section 1050 in declining to assign criminal cases to the limited number of trial court departments reserved for specialized civil matters or to the several judges from outside the county who had been assigned specifically to that court to assist in the trial of long-delayed civil matters. Further, the trial court did not abuse its discretion in determining that good cause did not exist under section 1382 to continue the trial to a later date over defendant's objection, as the trial court reasonably could find that the lack of a number of judges sufficient to timely try the present case was fairly attributable to the state's failure, over a considerable period of time, to provide a number of judges sufficient to meet the needs of Riverside County's rapidly growing population and caseload, a circumstance fairly attributable to the fault or neglect of the state.
- Read the California Supreme Court's Decision in People v. Engram, S176983