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On its face, Penal Code section 1382 guarantees to all defendants, rich or poor, the right to be brought to trial within 60 days of arraignment. In the instant case, however, defendant suffered a denial of this section's protection simply because his indigency necessitated resort to the understaffed public defender's office and the trailing practice permitted appointed counsel to waive defendant's right to speedy trial over defendant's objection. Because an affluent defendant could not be compelled to abide by his counsel's waiver in similar circumstances, the trailing practice denies an indigent defendant the equal protection of the laws.
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On Monday, November 18, prosecution and defense counsel both appeared, ready and willing to proceed. However, at this time the court [15 Cal.3d 779] on its own motion, a second judge sitting, over the objection of defense counsel who argued that the case was then in its 10th and final day, continued the matter until November 25 because of a calendar conflict. The court calculated that the 25th would be the 7th day of the 10 days contemplated in section 1382, subdivision 2. The defense objection was overruled and on November 19 a motion to dismiss was filed in the superior court on the ground that petitioner's right to a speedy trial had been violated. On November 27 proceedings below were stayed pending this court's determination of the matter. We are cognizant of the heavy caseloads resting upon the criminal trial courts of this state and upon the affected prosecutors' and public [15 Cal.3d 784] defenders' offices as well, and for the sheer necessity of the "trailing" practice here indulged.
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Fundamental constitutional rights are not susceptible of waiver except by the defendant personally. 809, 464 P.2d 473] [right to plead not guilty and stand trial]; People v. Holmes (1960) 54 Cal.2d 442, 444 [5 Cal.Rptr. 871, 353 P.2d 583] [jury trial]; In re Tahl (1969) 1 Cal.3d 122, 132 [81 Cal.Rptr.
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While making common cause with my dissenting colleague's conclusion, I do not concede that counsel has the authority incident to the power to control trial tactics, to waive the statutory speedy trial provisions, particularly when the waiver by counsel is made over the express objections of defendant. In this case we are called upon to interpret and apply the provisions of California Penal Code section 1382 which require that a criminal defendant, in most felony cases, be brought to trial within 60 days after the filing of an accusatory pleading. In particular, we consider the effect of that statute in relation to the traditional power of trial counsel to control the proceedings. 544, 449 P.2d 760], this court in a unanimous opinion discussed in depth the authority of [15 Cal.3d 785] counsel. While Linsk was a civil case, it dealt with an unauthorized stipulation by counsel and thus is apposite to the instant problem.
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The [15 Cal.3d 789] "trailing" practice, as thus employed, completely negates the indigent defendant's right to a speedy trial. This result cannot be justified on the ground that an indigent defendant has no right to the appointment of a particular attorney and must be satisfied with whatever counsel the state chooses to afford him. [15 Cal.3d 790] (See, e.g., People v. Massie (1967) 66 Cal.2d 899 [59 Cal.Rptr.
577, 460 P.2d 449] [privilege against compulsory self-incrimination; trial by jury; right to confront accusers]; People v. Robles (1970) 2 Cal.3d 205, 215 [85 Cal.Rptr. It is undenied that defendant vehemently protested at every available opportunity, in the presence of his counsel and the court. In such a situation, in the words of the appellate court in People v. Powell (1974) 40 Cal.App.3d 107, 148 [115 Cal.Rptr. 109], the trial court must carefully navigate procedurally between "the Scylla of delay and the Charybdis of ineffective and inadequate representation."
If they are correct, please refer to the custom order form for further instructions. Founded in 1984, Townsend Design is one of the orthopedic industry’s most respected manufacturers of ligament and OA knee braces, specialty lower extremity orthoses, and rehabilitate mobility devices. Townsend’s manufacturing and distribution center is in Bakersfield, California. 608, 464 P.2d 64] or People v. Bryant (1970) 5 Cal.App.3d 563 [85 Cal.Rptr.
On that date, a plea of not guilty was entered and, with counsel's consent, the court set a trial date of October 25. On October 25 Deputy Public Defender Millard, then representing petitioner, requested a continuance until October 28 because his heavy caseload had prevented him from adequately preparing for petitioner's trial. On October 28 the same counsel moved for another continuance on the same grounds, and trial was tentatively reset for November 7. Finding bad faith by the defendant, this court permitted counsel to waive defendant's speedy trial rights in People v. Floyd (1970) 1 Cal.3d 694, 707 [83 Cal.Rptr. 608, 464 P.2d 64]; but in that case we also gave an unmistakable signal that ordinarily "the attorney's consent to the continuances over the client's objection would not constitute a waiver of the right to speedy trial" (Id., at p. 706).
In asserting that the 10-day period contemplated by section 1382 began on November 12, petitioner relies on People v. Wilson, supra, 60 Cal.2d 139, 145. In Wilson, a trial date had been set for August 25 and all counsel appeared on that day ready for trial. We held that the trial court erred in granting the prosecution a continuance until October 31, and that the statutory 10-day period commenced running on August 25. However, in Wilson, defense counsel specifically objected to any further delays and we noted that "the last day to which defendant in any way consented was August 25, 1960." (Id., at p. 145.) Here, in contrast, no such objection was forthcoming on November 12. On that day, defense counsel himself asked that petitioner's case trail from day to day until he had finished "the Bond matter." The situation remained unchanged until November 15, when counsel appeared once again and informed the court that he would [15 Cal.3d 783] complete the Bond trial late that afternoon. November 15 being a Friday, the court suggested that trial be set for Monday, November 18.
The updated and enhanced Townsend Dynamic Reliever is the first medial compartment OA brace with interchangeable shell sizes for a custom fit. The brace can be ordered with different size thigh and calf shells for a precise, comfortable fit. The brace comes with all components assembled for easy fitting - no tools required.
