People v. Rodriguez

Opinion

KINGSLEY, J.

Defendant was charged with; kidnaping, in violation of section 207 of the Penal Code; oral copulation, in violation of section 288a of the Penal Code; sodomy, in violation of section 286 of the Penal Code; and lewd acts on the body of a child, in violation of section 288 of the Penal Code. Three prior felonies were also charged, two of which he admitted and one of which was stricken. After a trial by jury, he was found guilty of a violation of section 288 of the Penal Code. On appeal, that judgment was reversed because the trial court had unduly restricted the cross-examination of the alleged victim.

(People

v.

Rodriguez,

Crim.

[483]

No. 15096 [unpublished].) The remittitur was filed in superior court on November 17, 1969. On December 5, 1969, the cause was restored to the superior court calendar and the sheriff was directed to transport defendant from state prison for the purpose of a retrial. Because that order had not been fulfilled, the case was continued to December 12, 1969. On that date, trial was set for January 13, 1970; it was trailed one day, to January 14, 1970, because defendant’s counsel was engaged in another trial.

When the case was called for trial on January 14, 1970, the defendant announced himself ready for trial. The district attorney requested a continuance, representing to the court that his investigator, who had been assigned the responsibility of subpoenaing witnesses, had spent one day in that endeavor, but had been unable to locate the victim—an obviously essential witness. The request was opposed, but the trial court granted a continuance until January 23, 1970. The trial took place at that time, resulting in a conviction of violation of section 288. Defendant was sentenced to state prison; he has appealed; we affirm.

On appeal, defendant urges: (1) that the trial court erroneously admitted evidence of other offenses; and (2) that he was denied his right to a speedy trial as set forth in the state Constitution and in section 1382 of the Penal Code. For the reasons hereinafter set forth, we reject both contentions.