People v. Stittsworth

Opinion

PERLEY, J.

In this case we hold that a misdemeanor conviction may not be appealed on statutory speedy trial grounds where the defendant is originally held to answer on felony charges, and then pleads no contest to a misdemeanor in return for dismissal of the felonies pursuant to a plea bargain.

[839]

I. Facts

On March 24, 1986, appellant was held to answer in the superior court for the felonies of arson, insurance fraud and criminal conspiracy. Due to an apparent clerical error, the information was not filed until April 10, 1986, two days beyond the fifteen-day deadline specified in Penal Code section 1382, subdivision (a).

1

The trial court denied appellant’s motion to dismiss based on the untimely information, she unsuccessfully sought review of the ruling by way of petition for writ of mandate or prohibition to the Court of Appeal, and the Supreme Court declined to grant review.

On May 17, 1988, after extended pretrial proceedings, appellant entered a negotiated plea of nolo contendere to an added charge of misdemeanor accessory after the fact (§ 32) in return for dismissal of the felony counts. The plea bargain did not include preservation of any right to appeal on speedy trial grounds. Appellant was found guilty of the misdemeanor, imposition of sentence was suspended and probation was granted, conditioned inter alia on service of 90 days in county jail. She now seeks to overturn the judgment on the basis of the untimely information.

II. Discussion

In

People

v.

Draughon

(1980) 105 Cal.App.3d 471, 473-474 [164 Cal.Rptr. 440], this court held that a defendant may not raise statutory speedy trial error on appeal after pleading guilty to a felony. Other Courts of Appeal have also concluded that speedy trial rights are waived by guilty pleas in felony cases. (See