Owens v. Superior Court

In Owens v. Superior Court (1980) 28 Cal. 3d 238, the California Supreme Court considered the legislative history of section 1382, including the amendment to include the 10-day grace period, and had this to say: "Prior to 1959, the statutory right to dismissal for noncompliance with the 60-day requirement applicable to felony matters was extended only to 'a defendant, whose trial has not been postponed upon his application . . . .' There was no provision for a 10-day 'grace period,' and the statute was unclear as to whether an accused who obtained a postponement of his trial to a date past the statutory limit thereby lost forever his statutory rights to a speedy trial and dismissal. Moreover, section 1382 did not indicate whether these statutory rights were affected by an accused's request for a postponement to a date within the statutory period." (Owens v. Superior Court, supra, 28 Cal. 3d at p. 244, initial Historical and Statutory Notes, 51A West's Ann. Pen. Code (2000 ed.) foll. 1382, p. 123, 3d through 6th pars.) "Pursuant to its constitutional mandate, the Judicial Council urged the Legislature to clarify these ambiguities in section 1382. It 'recommended that the section be amended to provide for dismissal of all cases not brought to trial within the statutory period (unless good cause is shown) except where the defendant has consented to the trial being set beyond the statutory period, and that in the latter situation the case must be dismissed if it is not brought to trial within 10 days after the last date to which the defendant consented. This will clarify the present rule by (a) establishing that dismissal under section 1382 may be had even though the defendant has previously consented to a delay beyond the statutory period, (b) fixing 10 days as a reasonable time for trial after expiration of the period consented to by the defendant, and (c) eliminating the possibility that delays attributable to a defendant which are wholly within the statutory period may prevent dismissal.' " ( Owens v. Superior Court, supra, 28 Cal. 3d at p. 245, , citing Judicial Council of Cal., 17th Biennial Rep. (1959) at p. 32.)