Dismissal of charges for violation of right to speedy trial based on COVID-19 pandemic
Mendoza v. Superior Court of City and County of San Francisco (Cal. Ct. App., June 15, 2024, No. A170135) 2024 WL 3408756, at *1–2
Summary: Mendoza appealed an order denying a motion to dismiss misdemeanor charges against her for violation of the speedy trial statute, Penal Code section 1382. The superior court denied her motion based on the ongoing effects of the COVID-19 pandemic which constituted exceptional and extraordinary circumstances warranting a finding of good cause for the delay.
The issue of whether there was good cause for the delay was not properly before the Court of Appeal. The People conceded there was no good cause. Because there was no competent evidence to support the court’s order the Court of Appeal directed the superior court to grant the motion to dismiss.