People v. Litke

Opinion

WORK, J.

Defendant Steven Litke (Litke), attacks the judgment of conviction entered on guilty pleas to various felonies. He asks dismissal

[491]

of all charges pursuant to Penal Code

1

section 1389, the California enactment of the Interstate Agreement on Detainers (IAD) claiming detention violations. Assuming Litke falls within the purview of the IAD, we find no violation and affirm the judgment.

Litke was taken into federal custody July 25, 1979, for alleged violation of federal parole after failing to report his arrest on new state charges. He was placed in the Metropolitan Correctional Center (MCC), 808 Union Street, San Diego, a federal prison, and housed there during all these proceedings. He was not found in violation of federal parole until October 18, 1979.

On July 25, 1979, the marshal of the Municipal Court of San Diego County forwarded a “Letter of Detainer” to authorities at MCC notifying them of the state charges pending in San Diego County, requesting Litke be detained and the marshal notified at least 30 days before release date.

Litke promptly requested his federal case worker to institute action in accordance with the IAD. He was told “write a letter and file [his] own motion.” On August 1, 1979, he did just that by letter handwritten to the Clerk of the Superior Court of San Diego County requesting a speedy trial. This letter did not refer to the IAD. Two days later, he filed an additional request in motion form accompanied by a cover letter designed to insure placing himself within the scope of the IAD.

2

Litke’s letter of August 3, 1979, reads:

“RE: Bench Warrent(s) [sic] = F55008, D664157 and D686130

“Dear Clerk,

“Please find attached herewith a motion for speedy trial, pursuant to the above warrents and a filed detainer.