Donald Smith, Petitioner v. the Superior Court of the City and County of San Francisco, Respondent; the People…

Summary

The court held that when one jointly charged defendant's trial is continued within the 10-day grace period allowed by Penal Code section 1382, the strong state interests in joinder constitute good cause to continue a codefendant's trial to the same date. No particularized or case-specific showing of good cause is required for that parallel continuance within the 10-day period. The court therefore reversed the Court of Appeal's judgment directing dismissal of the charges. Justice Werdegar, concurring, agreed with the result but would have rested it solely on the plain language of sections 1382 and 1050.1.