Miranda v. Super. Ct. CA4/3

Filed 4/13/15 Miranda v. Super. Ct. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

FRANK PAUL MIRANDA,

Petitioner,

v. G050870

THE APPELLATE DIVISION OF THE (Super. Ct. No. 30-2014-00746722) SUPERIOR COURT OF ORANGE COUNTY OPINION

Respondent;

THE PEOPLE,

Real Party in Interest.

Original proceedings; petition for a writ of mandate to challenge an order of the Appellate Division of the Orange County Superior Court, Deborah C. Servino, Glenn R. Salter, and Richard Y. Lee, Judges. Petition granted. Chad R. Maddox for Petitioner. No appearance for Respondent.

Tony Rackauckas, District Attorney and John R. Maxfield, Deputy District Attorney, for Real Party in Interest. * * * THE COURT:* Petitioner, Frank Paul Miranda, filed a motion to dismiss a misdemeanor complaint on the basis that he was denied his state and federal constitutional right to a speedy trial. When the trial court denied his motion, Miranda sought relief by filing a petition for writ of mandate in the Appellate Division of the Orange County Superior Court. When his writ petition was denied by the Appellate Division, Miranda sought relief in this court. The petition has merit and relief is granted. PROCEDURAL HISTORY At the motion, the parties agreed on the following facts: On December 11, 2012, Frank Paul Miranda was arrested for driving under the influence. At the time of his arrest, Miranda gave the officer his correct address where he has resided throughout this case. Miranda was released on bail with a court appearance scheduled for January 8, 2013. On January 8, Miranda appeared in court, but was told at the clerk’s window that nothing had been filed. On the same day, Miranda checked-in at the Orange County District Attorney’s Office and he was given an information sheet indicating nothing had been filed. On May 6, 2013, a misdemeanor complaint was filed alleging two counts of driving under the influence based on Miranda’s arrest on December 11, 2012. An “Arraignment Letter” was sent to Miranda’s address advising him that his arraignment was scheduled for June 3, 2013. When Miranda failed to appear on June 3, an arrest warrant was issued by the trial court on June 13, 2013.