Cano v. Superior Court

Opinion

EPSTEIN, Acting P. J. This case is an example of how time is lost and justice undone by an effort to cut comers.

Under an apparent arrangement between a municipal court, a district of the superior court, and local prosecutors and public defenders, a “one stop” disposition program was initiated in the Citrus Municipal Court and the East District of respondent court. Under its provisions, a defendant could plead guilty at the felony preliminary hearing, upon which the magistrate would immediately certify the plea to the superior court. Then, wearing a superior court “hat” as a cross-assigned judge, the same bench officer would accept [1312]the plea and, upon defendant’s waivers, immediately sentence him to state prison. The defendant would begin to serve his prison term forthwith. At the same hearing, the case would be set on a nonappearance calendar, at which time a probation report would be reviewed and the trial court could call the defendant back, then set aside the plea and put the case back on track for trial and sentencing if the report turned up significant information not available when the original sentence was imposed. As the trial judge explained on the record in this case, everyone was happy with the program: the defendant, who could immediately begin to earn conduct credits at a higher rate than is available for precommitment custody; the prosecutor, who would not have to prosecute; the sheriff, who would be able to free up a jail cell; and the court, which would make a move toward clearing its docket.

The only problem with all of this is that the court lost jurisdiction when the defendant began to serve the state prison sentence. The result was that a defendant could escape being sentenced to the term that otherwise probably would have been imposed: a windfall that proves the law of unintended consequences and the folly of ill-considered expedition.

Factual and Procedural Summary

In a complaint filed in the Citrus Municipal Court, petitioner Benjamin L. Cano was charged with petty theft with a prior prison term for robbery. (We refer to him as defendant.) The current offense was subject to being charged as a felony under Penal Code section 666, and was charged in that manner. The complaint was filed on October 22, 1998. On the same day, the public defender was appointed to represent defendant, arraignment was waived, a not guilty plea was entered, and bail was set at $50,000.