People v. Carpio CA2/2

BACKGROUND

The charges and the jury trial Charges were first filed against defendant on May 5, 2017, under the case No. TA143150. Defendant was held to answer and arraigned on information, filed on January 24, 2018. The jury trial was set for April 30, 2019. However, the People indicated they could not proceed due to a breakdown of plea negotiations after defense counsel highlighted evidence on a videotape the prosecutor had not previously noticed. The People dismissed and refiled the case under the case No. TA148820. Defendant was held to answer and arraigned on information, filed on May 31, 2019. The jury trial was set for August 16, 2019. The People filed a motion to continue trial on August 14, 2019, on the ground material witnesses were unavailable. The trial court denied the motion on August 16, 2019. In denying the motion, the court found the People failed to

All undesignated statutory references are to the Penal Code.

2 properly and with due diligence subpoena the witness, who the People failed to show was material. On August 19, 2019, jury selection began, but the People announced they could not proceed as they thought they properly served the investigating…