Hawkins v. McKesson

California Court of Appeal Oct 18, 1963 No. Civ. 27208Published

Before: Burke

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Holding. The court denied the petition for a writ of mandamus because the district attorney's actions in securing the petitioner's transfer to a local facility for trial constituted substantial compliance with the court's order.

Issues

Whether the district attorney should be compelled to bring a federal prisoner to trial or dismiss pending charges.

Disposition. denied

Quotations verified verbatim against the opinion

“it would appear that the proceedings taken by the District Attorney of Los Angeles County constitute substantial compliance with the order to show cause previously issued by this court.”

“Therefore, the petition for writ of mandamus is denied.”

BURKE, P.J.

Petitioner, being then imprisoned in the Federal Prison at McNeil Island, Washington, petitioned this court for a writ of mandamus to compel respondent District Attorney of Los Angeles County to cause petitioner to be brought to trial, or, in the alternative, to dismiss a criminal proceeding allegedly pending against him in the Munici

[345]

pal Court of the Los Angeles Judicial District, and further to cause the district attorney to dismiss the detainer filed with the Federal Bureau of Prisons in connection therewith.

Petitioner alleged that he had made a motion in the Superior Court of Los Angeles County for a speedy trial or, in the alternative, dismissal of the charges against him, which motion had been denied; that petitioner’s right to a speedy trial was being denied by reason of the delay in bringing him to trial on the charges against him; and that procedures existed which, if invoked, would result in petitioner’s being made available by the federal prison authorities for the limited purpose of affording him a trial on the charges pending against him in Los Angeles County.

Pursuant to such petition this court ordered that William B. McKesson, District Attorney of Los Angeles County, show cause why he should not cause a writ of habeas corpus ad prosequendum to be issued directed to the warden of the federal penitentiary, McNeil Island, Washington, requesting the return to Los Angeles County of petitioner for the purpose of standing trial upon the charges pending against him in Los Angeles County. (See

Partain

Municipal Court,

215 Cal.App.2d 407 [31 Cal.Rptr. 87].)

On May 1, 1963, the district attorney replied to the order to show cause reporting that a complaint was filed against petitioner by the District Attorney of Los Angeles County on September 13, 1961, charging him with three counts of forgery of endorsement in violation of Penal Code section 470, which violations were alleged to have occurred on or about August 3 and 4, 1961; that petitioner has never been arraigned on this complaint and no further criminal proceedings have been taken thereon.

Hawkins v. McKesson

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BURKE, P.J.

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