Gallenkamp

The cases before us were consolidated for consideration by this court in January of 1990. Three of the cases are certified appeals from the Appellate Department of the Superior Court of Kern County; the other three are petitions for writs of mandate or prohibition. All the cases raise issues surrounding the effect of the failure of the Kern County Superior Court Clerk’s office to file timely remittiturs after opinions of the appellate department became final.

Defendants in the three certified appeals, People v. Rhoden (No. F013249), People v. Wilson (No. F013250), and People v. Clark (No. FO 13251), had challenged the municipal court’s pretrial denial of their motion to strike enhancement allegations of prior drunk-driving convictions associated with pending drunk-driving charges. The appellate department of the superior court, in an opinion issued on August 1, 1988, upheld the ruling of the municipal court. The remittitur was entered in the superior court on October 31, 1988; the West Kern County Municipal Court filed the remittitur on November 1, 1988.

After remittitur, the three defendants brought motions to dismiss in the municipal court, claiming they were deprived…