Nitz

People v. Nitz

Good Law
1990 Cal. App. LEXIS 297·219 Cal. App. 3d 164·268 Cal. Rptr. 54
Court of Appeal of CaliforniaMarch 27, 1990F012059California1,883 words

Opinion

Opinion

Thaxter, J.

Appellant pleaded guilty to one count of grand theft (auto) (Pen. Code, § 487, subd. 3). At his request, appellant was immediately sentenced to a four-year prison term to run concurrent with a term appellant was serving in Michigan. Before the guilty plea was entered, the court denied appellant’s motion to dismiss all charges because of alleged failure to comply with the requirements of the Interstate Agreement on Detainers (IAD) incorporated in section 1389. The sole contention on appeal is that the court erred in denying the motion to dismiss. We will affirm.

Facts

Because of the limited issue presented on appeal, we state only those facts bearing on application of the IAD in appellant’s case.

On June 24, 1987, a complaint was filed in Tuolumne County charging appellant with grand theft (auto) (§ 487, subd. 3), auto theft (Veh. Code, § 10851), and burglary (§ 459). A warrant for appellant’s arrest on these charges was issued on June 29, 1987.

On March 9, 1988, appellant was a prisoner in the Southern Michigan State Prison. On that date appellant presented a letter to the Michigan prison authorities requesting a final disposition of the California charges under the…

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