Kaikas v. Superior Court

Opinion

KANE, J.

Petitioner Kaikas seeks a writ of mandate to compel the respondent court to dismiss an information charging him with forgery (Pen. Code, § 470), or, in the alternative, a writ of prohibition to prevent respondent court from proceeding with the prosecution. Petitioner moved to dismiss the information on the ground that he had been denied his right to a speedy trial. After an evidentiary hearing on February 26, 1971, the court denied the motion.

The circumstances under which petitioner was prosecuted were described at said hearing as follows.

Petitioner was accused by information of forging and passing a check in the sum of $797 on October 6, 1969. In his affidavit supporting his motion to dismiss, petitioner declared that a warrant was issued on October 16, 1969 alleging his commission of said crime but that said warrant was not served on him until one year later, October 15, 1970.

Petitioner further declared that he lived continuously with his parents at their home in Newark, Alameda County, between May 1968 and February 1,1970, that the telephone at said address was listed under his father’s name, that his father was the only Kaikas listed in Alameda County, and that said residence was located approximately one mile from the residence of an alleged victim of the crime, a fact known to the victim’s daughters.

Petitioner additionally declared that on February 1, 1970, he moved with his parents to a residence located in Fremont, Alameda County, that the post office was notified of said change of address and regularly delivered mail to petitioner at the new address, and that the teléphone at said residence was listed under his father’s name and his father remained the only Kaikas listed in the county. Petitioner declared that he resided at the Fremont address continuously until the date of his arrest.

[89]

In Ms affidavit opposing the motion to dismiss, San Leandro Police Department Detective Capitola declared that he obtained a complaint and arrest warrant against petitioner on October 22, 1969, that he sent out an all-points bulletin to the California Bureau of Criminal Identification and Investigation (CII) and to the Fremont and Newark Police Departments on October 23, 1969, and that he sent out the arrest warrant on the Police Information Network (PIN) for seven local counties on November 7,1969.