People v. Super. Ct.

I. INTRODUCTION

Real Party in Interest Hailey Morgan Lashelle (defendant) was charged by

Petitioner Riverside County District Attorney’s office (the People) with misdemeanor

driving under the influence (DUI). (Veh. Code, § 23152, subds. (a), (b).) Defendant

filed a motion to dismiss arguing that she was denied her right to a speedy trial under the

United States Constitution. (U.S. Const., 6th Amend.) The trial court denied the motion,

in part, concluding that defendant contributed to any delay by failing to appear pursuant

to her signed promises to appear.

Defendant filed a petition for writ of mandate seeking review with the appellate

division of the Riverside County Superior Court (Appellate Division). A divided panel of

the Appellate Division concluded that the People’s failure to file a formal misdemeanor

complaint within 25 days of defendant’s citation as specified in Penal Code1

section 853.6 deprived the trial court of jurisdiction to proceed and automatically relieved

defendant of any obligation to appear. Based on this conclusion, it ordered the issuance

of a peremptory writ of mandate directing the trial court to vacate its order and to

reconsider…