Garcia

The principal issue in this case is whether the following letter constitutes “a request that [defendant] be brought to trial” within the meaning of Penal Code section 1381.5:

Jose Maria Garcia Federal Correctional Institution Post Office Box One Thousand Oxford, Wisconsin 64952 6 March, 1983

Prosecuting Attorney Municiple |>zc] Court City of Sacramento City Courthouse Sacramento, California 95814

Re: State of California V Jose Maria Garcia Case Number: Unknown Charge: Possession of Heroin & Firearm

Dear Sir:

According to the report of Mr. Harling, United States Probation Officer, Eastern District of California, your office has issued a warrant for my failure to appear in the above styled case. This letter, by Mr. Harling, is dated 2/11/82 and 3/24/82.

For further identification, this case is identified as BNE Case No. SAC 1089.

I will appreciate learning if this case has been dismissed because of my federal incarceration or if it is pending. Pursuant to the Speedy Trial Act (both State and Federal), there is a question if jurisdiction lies inasmuch as I have been available for trial for several months.

Your immediate acknowledgement to these questions and an early…