Hill v. Municipal Court

California Court of Appeal Jul 30, 1962 No. Civ. 25935Published

Before: Fox

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Holding. A defendant not represented by counsel at arraignment cannot be deemed to have consented to a trial date beyond the statutory 30-day period unless the court has explicitly explained their rights and the effect of such consent. Consequently, a failure to object by counsel retained shortly before the deadline does not constitute a waiver if there was no reasonable opportunity to address the court's error within the statutory period.

Issues

Whether a defendant's consent to a trial date beyond the 30-day statutory limit is valid when the court failed to explain the defendant's rights and the effect of such consent.
Whether a defendant waives their right to a timely trial by failing to object through counsel when counsel was retained near the expiration of the statutory period.

Disposition. reversed

Quotations verified verbatim against the opinion

“Since the 1959 amendment to said section [1382], a defendant not represented by counsel is not deemed to have consented to the setting of his case for trial beyond the statutory period unless the court first explains to him his rights”

“We therefore conclude that appellant’s purported consent to setting her case for trial beyond the statutory period was not legally effective.”

“The factual situation outlined above establishes, as a matter of law, that there was no waiver for appellant’s counsel did not have a reasonable opportunity to object to the trial date”

FOX, P. J.

This is an appeal from a judgment denying appellant’s petition for a peremptory writ to prohibit respondent court from trying petitioner on a misdemeanor charge.

Appellant was arrested on February 23, 1961. On the next day she appeared in pro. per. in the Beverly Hills Municipal Court for arraignment on a misdemeanor complaint which charged a violation of Vehicle Code section 23102 (driving a vehicle under the influence of intoxicating liquor). The judge advised appellant she was entitled to trial within 30 days after she was brought within the jurisdiction of the court. The court, however, did not explain to her that, absent her consent, she would be entitled to a dismissal of the case if not brought to trial within 30 days after she was arrested and brought within the jurisdiction of the court,

i.e., 30 days from February 24. Also, he failed to explain to her that if she waived her right to trial within 30 days she could be brought to trial on the date set for trial or within 10 days after the date set. Arraignment was continued to March 1.

On March 1 appellant again appeared in the Beverly Hills Municipal Court in propria persona for arraignment. At that time she pleaded not guilty and asked for a jury trial. The court advised appellant she was entitled to trial within 30 days after being arrested and brought within the jurisdiction of the court, but that the court calendar was very congested.

She was asked by the court if she would be willing to waive the 30-day time limit. She replied in the affirmative. The court set the ease for trial on April 3, 1961. Again the court failed to explain to appellant that she would be entitled to a

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dismissal of the ease if it were set for trial beyond 30 days without her consent.

On Friday, March 24, Attorney David K. Leavitt was retained by appellant. On Wednesday, March 29, Attorney Leavitt appeared in the Beverly Hills Municipal Court and made a motion for dismissal of the complaint under subdivision 3 of section 1382, Penal Code, on the ground that the case had been set for trial beyond the 30-day period. The motion was based on appellant’s contention that her agreement to a trial date beyond the 30-day period was not a valid consent since she was not represented by counsel and the court had failed to explain to her the effect of her agreeing to a trial date beyond the 30-day period. The motion was supported by the declaration of appellant (which is not before us).

Hill v. Municipal Court

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FOX, P. J.

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