Court Rules Misdemeanor Case Must Be Dismissed When Jury Trial Did Not Begin Within 45 Days
If you are facing misdemeanor charges in California, you have an important constitutional and statutory right to a speedy trial. A recent California case, Nuanmanee v. Superior Court, reinforces that courts cannot delay your trial beyond the legal deadline simply because of scheduling policies or administrative convenience.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our criminal defense attorneys near you.
The facts of the case
Bobby Nuanmanee was charged with a misdemeanor offense. His jury trial was originally scheduled for November 17, 2025. After the prosecution successfully requested a continuance, the court rescheduled the trial for December 15, 2025, which was the last day permitted under California's speedy trial law.
On December 15, Nuanmanee appeared in court and was ready for trial. The court heard motions before trial, but no jury was available. Under the court's scheduling policy, jury selection did not begin on Mondays. Instead, jurors were typically summoned beginning on Tuesdays.
Nuanmanee objected to any further delay and asked the court to dismiss the case. The court denied the request and continued the matter until the following day so jury selection could begin.
Nuanmanee again moved to dismiss on speedy trial grounds. After the motion was denied, he filed a writ petition challenging the ruling.
The Court of Appeal orders the case dismissed
The Court of Appeal ruled in Nuanmanee's favor and ordered the case dismissed.
Under Penal Code section 1382, misdemeanor cases generally must be brought to trial within a specified period of time. If the prosecution fails to do so, the case must be dismissed unless good cause exists for the delay.
The appellate court emphasized an important point: a case is not considered "brought to trial" merely because motions are argued or the parties appear in court.
To satisfy the speedy trial requirement, the court must actually begin the trial process by committing its resources to trial, having the parties ready to proceed, and summoning and swearing a panel of prospective jurors.
Because no jury panel was available on the final day for trial, Nuanmanee had not been brought to trial within the meaning of the law.
Court administration is not good cause
The court also rejected the argument that the delay was justified.
The reason for the delay was the court's internal scheduling policy, which prevented jury selection from occurring on Mondays. The Court of Appeal held that delays caused by court administration, scheduling practices, or court congestion generally do not constitute good cause to violate a defendant's speedy trial rights.
As a result, dismissal of the case was required.
Why this case matters
This decision is significant because it makes clear that courts cannot satisfy California's speedy trial requirements simply by hearing motions or conducting other preliminary proceedings before trial.
For misdemeanor cases, the prosecution and the court must actually begin the jury trial process before the speedy trial deadline expires. That means a jury pool must be called and jury selection must begin. Simply showing up in court and arguing motions is not enough.
This ruling provides important protection for accused individuals and reinforces that courts must strictly comply with California's speedy trial laws.
How an experienced criminal defense attorney can help
Speedy trial issues are often overlooked, but they can be powerful tools in defending a criminal case. If your trial has been delayed repeatedly, an experienced criminal defense attorney may be able to challenge the delay and seek dismissal of the charges.
Call Wallin & Klarich Today
Our attorneys have been successfully defending accused individuals for more than 40 years. We know how to identify speedy trial violations and aggressively protect our clients' rights at every stage of the criminal process.
At Wallin & Klarich, we have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, and Anaheim. Additionally, our law firm can handle many types of cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled criminal defense attorney near you.
