California Court of Appeal

In matter brought by incarcerated petitioner, petition for writ of mandate is granted where: 1) speedy trial policies underlying section 1381 apply with equal force to incarcerated probationers who have not yet been sentenced; 2) incarcerated probationer has the option as to which procedure he wishes to follow; 3) a reasonable definition of the word "action" in section 1381 would require a dismissal of the probation violation proceedings rather than the original conviction upon which probation was granted; and 4) defendant who is placed on probation with imposition of sentence suspended has not been sentenced and a literal reading of section 1381 requires court to hold it is applicable to the incarcerated probationer.

Appellate Information

• Decided 09/10/2008
• Published 09/10/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Braulio Peñuelas Gonzalez, in pro. per., Richard Schwartzberg, Tustin, under appointment by the Court of Appeal, for Petitioner., Tony Rackauckas, District Attorney of Orange County, Mitchell Keiter, Gregory J. Robischon and Anna Chinowth, Deputy District Attorneys, for Real Party in Interest.


• For Appellees:
  
• No appearance for Respondent.