People v. Isamade CA3

Filed 6/18/24 P. v. Isamade CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

Plaintiff and Respondent, C098869

v. (Super. Ct. Nos. 18FE018008, 21FE019505, 21FE019949) CHIJIOKE ISAMADE,

Defendant and Appellant.

Defendant Chijioke Isamade entered into a global plea arrangement that resolved criminal charges in three separate cases. On appeal, he contends the trial court erred by not dismissing one of the cases under Penal Code section 1381.5,1 a statute that protects the speedy trial rights of individuals who are incarcerated in federal prison while state criminal charges are pending against them. Finding no prejudicial error, we will affirm the judgment. BACKGROUND In September 2018, the California Highway Patrol issued defendant a ticket that alleged driving under the influence (Veh. Code, § 23152, subd. (a)), concealing a firearm

1 Undesignated statutory references are to the Penal Code.

1

in a vehicle (§ 25400), possession of a controlled substance (Health & Saf. Code, § 11350, subd. (a)), and transportation of a controlled substance (Health & Saf. Code, § 11352, subd. (a)). From the limited record before us, it appears that defendant was ultimately charged with possession of a controlled substance while armed with a firearm (Health & Saf. Code, § 11370.1, subd. (a)) and possession of a controlled substance (Health & Saf. Code, § 11351). The matter proceeded in the superior court as case No. 18FE018008. In February 2019, defendant made a calendaring change request that included the following explanation: “Request for dismissal due to defendant being scheduled for deportation. He is currently in an ICE detention center until deportation to Nigeria this month.” A March 26, 2019 minute order states that the motion to dismiss was “[d]ropped.” On December 5, 2019, defendant again requested a calendar change, listing as the reason, “1381 demand for trial.” On December 6, the prosecutor filed a declaration and proposed order for production of defendant, averring that defendant was confined at the Federal Bureau of Prisons, Metropolitan Detention Center in Los Angeles. The trial court signed the order, directing the detention center’s warden to deliver defendant to the Sacramento County Sheriff’s Department for the purpose of procuring his presence before the court. Nearly a week later, the prosecutor filed another declaration to the same effect, and the trial court signed a second order to produce defendant. A minute order issued on January 6, 2020, stated, “1381 PC Demand.” It further added: “[defendant] inability to appear due to fed. custody on another case[.] Cont. to touch base on matter.” A minute order issued on January 14, 2020, likewise said, “1381 PC Demand,” but added “[m]atter [d]ropped.” Nearly two years later, the People filed two new criminal cases against defendant. In November 2021, in case No. 21FE019505, the People charged defendant with kidnapping and carrying away to commit sexual penetration (§ 209, subd. (b)(1)),