Brooks

People v. Brooks

Good Law
189 Cal. App. 3d 866·1987 Cal. App. LEXIS 1415·234 Cal. Rptr. 573
Court of Appeal of CaliforniaFebruary 20, 1987Docket Nos. D003662, D004996California3,056 words

Opinion

Opinion

Wiener, J.

—Joseph S. Brooks appeals from the judgment entered after he entered a negotiated guilty plea to unlawfully taking a vehicle. The prosecution dismissed a single count of robbery (Pen. Code, § 211) and enhancement allegations. Brooks challenges the denial of motions to withdraw his guilty plea and to dismiss the information pursuant to article III of the Interstate Agreement on Detainers (the IAD), section 1389. We decide Brooks did not waive his right to assert a defense under the IAD. We conclude, however, Brooks’s efforts to request a speedy resolution of charges against him did not trigger the statute because no detainer had been lodged with Oregon prison authorities. We therefore affirm the judgment of conviction and deny his petition for writ of habeas corpus.

Factual and Procedural Background

The principal issues in this case involve the application of the IAD. Accordingly, we truncate our factual statement in order to focus on the procedural aspects of Brooks’s efforts to invoke the IAD. In the discussion which follows, we include some information which was not before the trial court but which has been presented to us in Brooks’s motion to dismiss and the…

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