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Smith v. Super. Ct. 10/13/09 CA1/5
State: California
Court: 1st District Court of Appeal 1st District Court of Appeal
Docket No: A124763
Case Date: 12/24/2009
Preview:Filed 10/13/09

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE

DONALD SMITH, Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; THE PEOPLE, Real Party in Interest. A124763 (San Francisco City and County Super. Ct. No. 207788)

Donald Smith (Smith) contends that his statutory right to a speedy trial has been violated and seeks writ relief from the denial of his motion to dismiss. We agree and will grant the requested relief. I. FACTUAL AND PROCEDURAL BACKGROUND On February 10, 2009,1 an information was filed, jointly charging Smith and Christopher Sims (Sims) with one felony count of first degree residential burglary (Penal Code,
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