Burglary Conviction Dismissed Due To Speedy Trial Violation (PC 1382)

On October 28, 2010, the First Appellate District of the California Court of Appeal granted a writ dismissing petitioner's case because he was brought to trial more than 60 days after his felony arraignment in violation of his statutory right to a speedy trial.

On February 11, 2009, Donald Smith was arraigned on a felony count of first degree residential burglary. (Penal Code 459.) Prior to trial, Smith's co-defendant, Christopher Sims' counsel, had fallen ill and was unavailable on April 13, the 60th day after Sims was arraigned. On April 28, the day the case was set for trial, Smith's counsel moved for his case to be dismissed for violation of his speedy trial rights.

The appellate court granted Smith's writ. The prosecutor filed a petition for review to the California Supreme Court, which remanded the case back to the court of appeal to review in light of People v. Sutton. However, after a review of the Sutton case, the appellate court concluded that Sutton did not alter the statutory analysis of its decision and granted the writ.

The right to speedy trial is a fundamental right. It is guaranteed by the state and the federal constitutions, and state statutory law.

Under Penal Code section 1382, an accused is entitled to a dismissal if he is "brought to trial" more than 60 days after a felony arraignment except for a showing of good cause or if defendant waives his statutory right.

If you or a loved one has been arrested for burglary, it is imperative that you hire an aggressive, experienced criminal defense firm. Hiring an experienced criminal defense law firm can greatly increase your chances of keeping your freedom. The attorneys at Wallin & Klarich have been helping people for over 40 years. Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-466-5245 or go to our website at