Garner
People v. Garner
Opinion
Opinion
Kremer, J.
Kelly Lafe Garner pleaded guilty to armed robbery (Pen. Code, §§ 211, 212.5, subd. (a), 12022.5) and assault with a firearm (Pen. Code, § 245, subd. (a)(2)) after the trial court denied his motion to dismiss for an alleged violation of the Interstate Agreement on Detainers Act (IAD) (Pen. Code, § 1389) . On appeal, he contends the court erred in denying his motion. We affirm.
Factual and Procedural Background
In April 1986, the San Diego District Attorney (SDDA) filed a felony complaint, charging Garner with crimes committed in El Cajon. Garner left San Diego. Later in April, Salt Lake City, Utah authorities arrested Garner for crimes committed there. Before Garner could be tried in Utah, he escaped. He was next arrested by Nevada authorities on May 31, 1986, and charged with crimes committed in Las Vegas, Nevada.
On June 3, 1986, the San Diego County Marshal’s Office, at the request of SDDA, sent a letter to the Las Vegas authorities explaining San Diego’s interest in Garner.
Garner was convicted of the Nevada crimes and began serving a prison term in Nevada for those crimes in September 1986.