People v. Macias CA3

Filed 6/1/22 P. v. Macias CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C089939

Plaintiff and Respondent, (Super. Ct. No. 13F06550)

v.

BENJAMIN MACIAS,

Defendant and Appellant.

Based on the limited record before us, it appears that an October 2013 complaint charged defendant Benjamin Macias with possession of marijuana for sale, unlawful cultivation of marijuana, and being a felon in possession of a firearm. He was arraigned on the complaint on October 10, 2013, and released on bail later that same month. In December 2014, defendant pled not guilty, entered a general time waiver, and his case was set for a preliminary hearing in January 2015. The matter was continued several times at defendant’s request to July 16, 2015. Defendant was taken into federal custody on June 10, 2015, and his preliminary hearing was vacated.

1

In March 2017, defendant, who remained in federal custody, moved to dismiss this case under Penal Code1 section 859b.2 The People opposed, and the court denied defendant’s motion. Thereafter, defendant remained in federal custody awaiting trial on his federal charges.3 In February 2019, defendant was present in custody and the trial court set his preliminary hearing for March 4, 2019. On March 2, 2019, defendant orally joined a Franks4 motion that was originally filed for a codefendant under section 1538.5 to traverse the affidavit, quash the warrant, and suppress evidence. The court denied the motion, and later denied defendant’s Marsden5 motion. The preliminary hearing was held on March 8, 2019. Prior to the hearing, the complaint was amended to include only the count for being a felon in possession of a firearm, and defendant was arraigned on the amended complaint and entered a not guilty plea. Following the preliminary hearing, defendant was held to answer, the court deemed the amended complaint an information, and defendant entered a not guilty plea to the information. On the first day of a jury trial on May 2, 2019, defendant moved to dismiss pursuant to section 1385 for violating his rights to a speedy trial. The court denied the motion. The jury was unable to reach a verdict and the court declared a mistrial. After