P. v. Wagner 7/21/09 CA4/2

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: E047167

Case Date: 10/01/2009

Preview:Filed 7/21/09

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO

THE PEOPLE, Plaintiff and Appellant, v. TONY ROBIN WAGNER, Defendant and Respondent. E047167 (Super.Ct.No. SWF015764) OPINION

APPEAL from the Superior Court of Riverside County. Helios (Joe) Hernandez, Judge. Affirmed. Rod Pacheco, District Attorney, and Alan D. Tate, Deputy District Attorney, for Plaintiff and Appellant. Stephen S. Buckley, under appointment by the Court of Appeal, for Defendant and Respondent.

1

This is an appeal by the People from the dismissal of the case against defendant Tony Robin Wagner pursuant to Penal Code section 13821 because the trial court found there were no courtrooms available to hear the last-day case in a timely manner, and there was not good cause to continue the case. The People contend on appeal that the trial court, pursuant to section 1050, subdivision (a), should have given precedence to the instant case over civil cases, including family, probate, and general civil cases being heard in Riverside County, and the trial court abused its discretion by refusing to continue the case beyond the time limit set forth in section 1382. We will conclude the trial court did not abuse its discretion in denying the requested continuance after finding no courtroom available in which to try the matter and that dismissal of the matter was not error.. I PROCEDURAL BACKGROUND On March 23, 2006, the People filed a felony complaint against defendant charging him with one count of assault with a semiautomatic firearm (

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