People v. Kloster CA1/4

Filed 11/21/22 P. v. Kloster CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, Plaintiff and Respondent, A164557

v. (City & County of San Francisco STEPHEN KLOSTER, Super. Ct. No. 232289) Defendant and Appellant.

Defendant Stephen Kloster appeals a judgment convicting him of misdemeanor battery. Defendant contends his conviction must be reversed because he was denied his federal Sixth Amendment and California constitutional and statutory rights to a speedy trial. We find no prejudicial error and affirm the judgment. Background On December 6, 2019, defendant was charged by information with, among other things, one count each of assault with force likely to produce great bodily injury (Pen. Code,1 § 245, subd. (a)(4)), elder abuse likely to produce great bodily injury (§ 368, subd. (b)(1)) and false imprisonment of an elder (§ 368, subd. (f)).2

1 All statutory references are to the Penal Code unless otherwise noted. 2 An additional charge of attempted criminal threats (§§ 422, 664) and enhancement allegations for the infliction of great bodily injury (§ 12022.7, subd. (a)) were dismissed prior to trial.

1

At his arraignment on December 16, defendant declined to waive his speedy trial rights. The trial court determined that under section 1382, the trial was required to commence by February 14, 2020.3 On February 10, 2020, the trial court found good cause to continue the trial to February 21 on the prosecutor’s motion, based on the unavailability of a witness.4 Four days later, defendant entered a general waiver of his speedy trial rights. On August 4, defendant withdrew his general time waiver, and the court set the latest trial date of October 5, 2020. Defendant, who had been in custody since his arrest in November 2019, was released on his own recognizance at this time. On September 9, the trial court granted defendant’s request for mental health diversion. Trial was continued during the pendency of defendant’s diversion until it terminated unsuccessfully on February 3, 2021. On February 5, defendant was remanded into custody and again declined to enter a general time waiver. The court identified the last date for trial under section 1382 as April 6, 2021.