Chavez v. Superior Court

Opinion

LOW, P. J. We hold that Penal Code section 13811 means, in the part pertinent to this proceeding, exactly what it says. If a defendant in a pending misdemeanor proceeding is sentenced to and enters upon a term of more than 90 days in a county jail in a different proceeding and thereafter delivers to the district attorney in the pending proceeding a request to be brought to trial within 90 days, he must be brought to trial within 90 days, [132]even though less than 90 days of the jail term remain to be served at the time the request for trial is made.

Upon the facts before us, petitioner Baldomero Chavez is entitled to, but has been denied, a dismissal of misdemeanor charges pending against him. Accordingly, we issue the writ of mandate he seeks.

A drunk driving charge has been pending against Chavez in Santa Clara County Municipal Court since 1980. On November 18, 1982, he was sentenced, in an unrelated Alameda County action, to 120 days in the county jail and entered upon the term of imprisonment. His release date was to be January 29, 1983, if he paid a fine, or February 21, 1983, if not. On December 9, 1982 (less than 90 days before the later release date), Chavez received from the Alameda County Sheriff a notice that a detainer had been placed against him in the Santa Clara County drunk driving case. The notice form contained advice of Penal Code section 1381 rights and a form of section 1381 request for trial which Chavez executed on the same day. The request was received by the Santa Clara County District Attorney on December 14, 1982. Chavez has not been brought to trial, but the Santa Clara County Municipal Court has denied his motion to dismiss under Penal Code section 1381 and respondent superior court has denied his writ petition. We have exercised our discretion, upon Chavez’ petition for writ of mandate, to review respondent superior court’s judgment. (Code Civ. Proc., § 904.1, exception (4) of subd. (a).) Both Chavez and the People have briefed the issues and have waived oral argument.

Penal Code section 1381 entitled Chavez to a dismissal. He was convicted and sentenced to more than 90 days and entered into his term; he delivered the requisite written request to the district attorney; and he was not brought to trial within 90 days. We are not at liberty to otherwise construe unambiguous statutory language. (In re Atiles (1983) 33 Cal.3d 805, 811 [191 Cal.Rptr. 452, 662 P.2d 910].)