Summary
The California Court of Appeal granted Bobby Nuanmanee’s petition for a writ of mandate, holding that he was not brought to trial within the statutory speedy-trial period under Penal Code section 1382. The court held that conducting pretrial motions without a summoned and sworn jury did not commence trial and that the court’s administrative practice of not empaneling juries on Mondays did not establish good cause for the delay. The court directed the superior court to dismiss the misdemeanor action.
Court
California Court of Appeal, Third Appellate District
Jurisdiction
California Court of Appeal, Third Appellate District
Decision date
May 18, 2026
Docket number
C105413
Disposition
writ_granted
Questions Presented
- Whether Nuanmanee was brought to trial within the meaning of Penal Code section 1382 when the court heard motions in limine and discussed evidentiary issues and jury instructions but no jury had been summoned or sworn.
- Whether the court's administrative policy of not empaneling juries on Mondays, together with the one-day delay and the public defender's practice of resolving cases on the trial date, established good cause to continue trial beyond the statutory speedy-trial deadline.
- Whether extraordinary writ review was the appropriate means to review the denial of a misdemeanor defendant's speedy-trial dismissal motion.
Holdings
- A defendant is not brought to trial under Penal Code section 1382 merely because the court hears motions in limine and discusses evidentiary issues and jury instructions. The court must have committed its resources to the trial, the parties must be ready to proceed, and a panel of prospective jurors must be summoned and sworn. Because no jury could be empaneled on December 15, Nuanmanee was not brought to trial within the statutory period.
- The court's administrative policy of not summoning jurors on Mondays, and the resulting inability to empanel a jury on the statutory deadline, did not establish good cause to continue trial over the defendant's objection. Court congestion, improper court administration, and routine logistical difficulties do not constitute good cause under these circumstances.
- A misdemeanor defendant may obtain pretrial review of a denial of a speedy-trial dismissal motion through a petition for writ of mandate or prohibition because an appeal after trial does not provide an adequate remedy.
Court Document
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