P. v. Superior Court
The People, having invoked their right to a speedy trial (Cal. Const., art. I, 29), seek a writ of mandate commanding respondent superior court to proceed with the [underlying] criminal case without further delay, other than that reasonably necessary for the parties to obtain the attendance of their witnesses. (Pen. Code, 1511.) Real party in interest Qi Xin Kuang was charged with various crimes including attempted murder in November 2005. The preliminary hearing was held in October 2006. According to the People, trial was originally set for January 12, 2007. The issuance of a peremptory writ of mandate in the first instance is appropriate as there is no dispute over the law or the facts in this case (see Lewis v. Superior Court (1999) 19 Cal.4th 1232, 1259-1260), and section 1511 provides for immediate relief under the circumstances of this case.
A peremptory writ of mandate issue commanding respondent superior court to proceed with the criminal case without further delay, other than that reasonably necessary for the parties to obtain the attendance of their witnesses. This decision is final immediately as to this court (Cal. Rules of Court, rule 8.264(b)(3).
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