Stanley v. Superior Court

Filed 6/9/20 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

RODRIC DETWON STANLEY, Petitioner, v. THE SUPERIOR COURT OF A160151 CONTRA COSTA COUNTY, (Contra Costa County Respondent; Super. Ct. No. 5-190571-0) THE PEOPLE, Real Party in Interest.

In response to the COVID-19 global pandemic, the Governor of California and the Chief Justice of the California Supreme Court issued a series of orders that permit the extension of the time within which state criminal trials must commence. In this writ proceeding, defendant Rodric Stanley argues that these orders are unauthorized by statute and offend separation of powers principles. While we doubt that the orders are unlawful, we need not engage in an extended analysis of defendant’s contentions because the severity of the COVID-19 pandemic and the impact it has had within this state independently support the trial court’s finding of good cause to continue defendant’s trial under Penal Code section 1382. BACKGROUND In March 2019, the People filed an information charging defendant with four felony counts of sexual intercourse or sodomy with a child 10 years

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old or younger in violation of Penal Code section 288.7, subdivision (a); and one count of detention of a minor by a person with a right to custody or visitation in violation of Penal Code section 278.5. The People further alleged enhancements for a prior serious felony conviction (Pen. Code, § 667, subd. (a)(1)), a prior serious and violent felony conviction (Pen. Code, § 667, subds. (d) & (e), and § 1170.12, subds. (b) & (c)), and a prior prison term conviction (Pen. Code, § 667.5, subd. (b).) A jury trial commenced on August 15, 2019. However, the trial court declared a mistrial on August 19, 2019, due to the People’s late disclosure of discovery. The trial court set a new trial for April 20, 2020, and defendant waived his statutory right to a speedy trial until that date. Pursuant to the 10-day grace period in Penal Code section 1382, subdivision (a)(2)(B), the last day for defendant’s trial was April 30, 2020. On March 4, 2020, Governor Gavin Newsom declared a state of emergency in response to the global outbreak of COVID-19, a “new disease, caused by a novel (or new) coronavirus that has not previously been seen in humans.” (Centers for Disease Control and Prevention, Coronavirus Disease 2019 (COVID-19), Frequently Asked Questions <https://www.cdc.gov/coronavirus/2019-ncov/faq.html> [as of June 9, 2020].) On March 16, 2020, the Health Officer of Contra Costa County issued a “shelter in place” order requiring residents of the county to remain in their homes except when engaging in essential activities, and to stay at least six feet apart from other persons when leaving their homes. Three days later, the Governor issued an executive order requiring all Californians to stay at home except for limited activities. On March 23, 2020, Chief Justice Tani Cantil-Sakauye, in her capacity as Chairperson of the Judicial Council, issued an emergency statewide order