People v. Sutton

227 P.3d 437 (2010)

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People v. Sutton

California Supreme Court
227 P.3d 437 (2010)

KD

Facts

Under California law, charges against a felony defendant had to be dismissed if the defendant was not brought to trial within 60 days of arraignment, unless there was good cause for the delay or the defendant consented. The state jointly charged Michael Sutton and Willie Jackson (defendants) with sale of a controlled substance. Trial was scheduled for 53 days after the men’s arraignment. On the initial trial date, counsel and the parties appeared, but Jackson’s appointed counsel, Steven Flowers, told the court that he was scheduled for trials in other matters that day and the next. The trial court set Sutton and Jackson’s trial for day 56. On that day, Flowers advised that he was in the process of trying another case, which he anticipated would end by day 60. Counsel appeared on day 60, but contrary to Flowers’s expectations, his earlier trial was still ongoing. The court continued trial on a day-to-day basis. Neither Sutton nor Jackson consented to the delay. As soon as Flowers’s other trial ended, Sutton and Jackson’s trial commenced on day 66. Sutton moved to dismiss, arguing that he had been denied a speedy trial. The trial court denied Sutton’s motion. The jury convicted. Sutton and Jackson appealed.

Rule of Law

Issue

Holding and Reasoning (George, C.J.)

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