People v. Travaglini

Opinion

ASHBY, J. Pursuant to Penal Code section 1382 the trial court dismissed a three-count information against defendant on the ground that defendant had not been brought to trial within 60 days of the filing of the information. The People appeal.

We reverse. The record shows the reason defendant was not brought to trial within 60 days is that he was extradited to another state and upon his release he thereafter failed to appear for the California proceedings. Under the circumstances, there was no denial of defendant’s right to a speedy trial.

On August 2, 1979, defendant was arraigned on an information charging him with burglary, receiving stolen property and taking of a vehicle. He pleaded not guilty, and the matter was set for pretrial and trial setting for September 7.

On August 3 the police learned that defendant was wanted as a fugitive from Colorado. On August 8, 1979, defendant appeared in municipal court, was advised of his right to contest extradition and to require the issuance of a Governor’s warrant, and in the presence of the magistrate he signed a waiver of extradition proceedings. (Pen. Code, [384]§ 1555.1.) Nothing was said about the pending California information. Defendant was released to Colorado authorities on approximately August 14.

On September 7, 1979, defendant’s counsel appeared in court on this case and stated he was informed that defendant was extradited to Colorado. The deputy district attorney professed no knowledge, and was told by the court to check with his extradition section. A bench warrant was issued.

On November 7, 1979, the Los Angeles County District Attorney’s office received a letter from defendant, incarcerated in the Summit County jail, Breckenridge, Colorado, demanding a speedy trial on the California charges. The request was routed through channels to a deputy district attorney who received it on November 19. When the deputy contacted Colorado authorities on November 27 to arrange for defendant to be returned to Los Angeles, he learned that defendant had just been released, and was allegedly on board a bus for San Francisco. San Francisco police were immediately notified of defendant’s outstanding bench warrant but defendant was not on the bus.

Defendant was not arrested on the bench warrant until May 21, 1980. The bench warrant was recalled, but on June 27, 1980, defendant again failed to appear for a pretrial conference, and another bench warrant was issued. Defendant was picked up on that warrant on August 6, 1980.