Forsythe v. Superior Court CA4/3

Filed 10/30/14 Forsythe v. Superior Court CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

JOSHUA NICKOLAUS FORSYTHE,

Petitioner,

v. G050856

THE SUPERIOR COURT OF ORANGE (Super. Ct. No. 30-2014-00748274) COUNTY, OPINION Respondent;

THE PEOPLE OF THE STATE OF CALIFORNIA,

Real Party in Interest.

Original proceedings; petition for a writ of mandate to challenge an order of the Superior Court of Orange County, John S. Adams, Judge. Petition granted. Chad R. Maddox, for Petitioner. No appearance for Respondent.

Tony Rackauckas, District Attorney and John R. Maxfield, Deputy District Attorney, for Real Party in Interest.

THE COURT: * On September 29, 2014, both real party in interest and petitioner, Joshua Nickolaus Forsythe, announced ready for a suppression motion and jury trial on day 10 of 10. When the court denied the motion, it advised the parties that no jurors were available and continued the trial to the following day. Petitioner filed a motion to dismiss on the basis that he was denied his statutory right to a speedy trial. The trial court denied the motion and petitioner sought relief in the appellate division. When the appellate division also denied relief, petitioner filed a petition for writ of mandate in this court. This court invited real party in interest to file an informal response to the petition, and real party advised the court that it does not oppose the petition. The petition is granted.