Pogosyan v. Appellate Division of the Superior Court of Los Angeles County
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Statements in prior cases that the 10-day grace period in Penal Code section 1382 does not begin to run until the defendant "announces" ready for trial was dictum; what is required is that the record reflect the defendant's actual readiness for immediate trial, regardless whether an explicit announcement of readiness is made.
The Court of Appeal granted a writ petition and issued a mandate directing the Appellate Division of the Superior Court to vacate its order denying the petition and to order the trial court to dismiss the case against petitioner. In this case, petitioner's attorney was not asked whether she was ready for immediate trial, and did not expressly declare her readiness, but her comments as reflected in the transcript of the proceedings held on the date set for trial indicated that she was, in fact, ready for immediate trial. The court held that the record showed that both the prosecution and the trial court understood that the 10-day grace period had begun, and thus good cause was necessary to grant a continuance to a date beyond that period.
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