People v. Garcia CA1/3

Filed 7/21/15 P. v. Garcia CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A140954 v. RUDOLPH TRAVIS GARCIA, (San Mateo County Super. Ct. No. SC078743) Defendant and Appellant.

In re RUDOLPH TRAVIS GARCIA, A143289 on Habeas Corpus.

Defendant Rudolph Travis Garcia was sentenced to serve 16 months in state prison after pleading no contest to a vehicle theft charge. On appeal and in a related habeas corpus petition, he argues that the court erred in denying his motion to dismiss pursuant to Penal Code1 section 1381 for a violation of his statutory speedy trial rights. Because Garcia sent his section 1381 demand for a speedy trial before he was housed in state prison, the court did not err in declining to give it effect. Further, he has not met his burden on appeal to establish that he was prejudiced by the court’s error. Accordingly, we affirm the judgment and summarily deny the habeas petition.

1 Further statutory references are to the Penal Code unless otherwise specified.

1

PROCEDURAL BACKGROUND On January 28, 2013, the San Mateo County District Attorney filed a three-count complaint charging Garcia with vehicle theft (Veh. Code, § 10851, subd. (a)), misdemeanor possession of burglary tools (§ 466), and misdemeanor possession of a hypodermic needle or syringe (Bus. & Prof. Code, former § 4140). On May 2, 2013, Garcia was convicted in Placer County of possession of a controlled substance for sale. (Health & Saf. Code, § 11378.) The Placer County Superior Court sentenced Garcia to serve 32 months in state prison as a result of the conviction. On May 6, 2013, while he was in the Placer County jail awaiting transfer to state prison, Garcia prepared a section 1381 demand for speedy trial within 90 days on the San Mateo County charges. The demand was addressed to the San Mateo County District Attorney’s office and reflected that Garcia was “sentenced and awaiting transport to State Prison.” The San Mateo County District Attorney’s office received the demand form on May 10, 2013, and prepared a removal order for a June 6, 2013, arraignment in San Mateo County. On May 14, 2013, Garcia was transferred to the state prison in Tracy to serve his sentence for the Placer County conviction. Garcia had not been transported to San Mateo County as anticipated because he was no longer in custody in Placer County. On June 27, 2013, the San Mateo County District Attorney learned where Garcia was incarcerated and prepared a removal order for his arraignment on July 18. Garcia appeared in San Mateo County Superior Court for a preliminary hearing on the San Mateo County charges on July 29, 2013. At the conclusion of the hearing, the court found probable cause to hold Garcia to answer for the charges contained in the complaint. On August 9, 2013, the district attorney filed a two-count information charging Garcia with vehicle theft (Veh. Code, § 10851, subd. (a)) and misdemeanor possession of burglary tools (§ 466). As to the vehicle theft charge, the district attorney alleged that Garcia had suffered a prior strike (§ 1170.12, subd. (c)(1)) and was presumptively ineligible for probation as a result of prior felony convictions (§ 1203,