Reyes

Molly Rivera Reyes appeals from the denial of her motion to dismiss, the judgment of conviction rendered against her, and the sentence imposed by the Superior Court of Contra Costa County.

On April 18, 1978, a detainer was lodged against appellant pursuant to the Agreement on Detainers. (18 U.S.C. appen., art. Ill; Pen. Code, § 1389 et. seq.) At that time, appellant was serving a 15-year sentence at the Federal Correctional Institution, Pleasanton, California.

As a result of the detainer, appellant was released to the custody of Contra Costa County authorities on July 12, 1978. Appellant was detained in the Contra Costa County jail until August 3, 1978, the time when a preliminary hearing was conducted in the Contra Costa Municipal Court. On August 3, 1978, appellant was returned to Pleasanton.

*527 By information filed August 17, 1978, in Contra Costa County Superior Court, appellant was charged with being an accessory, kidnaping for robbery, robbery, and grand theft, in violation of sections 32, 209, 211 and 484-487, subdivision 3 of the Penal Code.

On September 19, 1978, appellant moved to have the information dismissed on the grounds that she had been denied her…

Molly Rivera Reyes appeals from the denial of her motion to dismiss, the judgment of conviction rendered against her, and the sentence imposed by the Superior Court of Contra Costa County.

On April 18, 1978, a detainer was lodged against appellant pursuant to the Agreement on Detainers. (18 U.S.C. appen., art. III; Pen. Code, § 1389 et. seq.) At that time, appellant was serving a 15-year sentence at the Federal Correctional Institution, Pleasanton, California.

As a result of the detainer, appellant was released to the custody of Contra Costa County authorities on July 12, 1978. Appellant was detained in the Contra Costa County jail until August 3, 1978, the time when a preliminary hearing was conducted in the Contra Costa Municipal Court. On August 3, 1978, appellant was returned to Pleasanton.

By information filed August 17, 1978, in Contra Costa County Superior Court, appellant was charged with being an accessory, kidnaping for robbery, robbery, and grand theft, in violation of sections 32, 209, 211 and 484-487, subdivision 3 of the Penal Code.

On September 19, 1978, appellant moved to have the information dismissed on the grounds that she had been…

I concur, only because I am satisfied that this absurd result is mandated by the statute in question and by the cases which interpret that statute.

The correctional institution at Pleasanton enjoys a reputation as one of the most comfortable facilities in the federal penal system. It is located 33 miles from the town of Martinez where the Contra Costa County jail, the “receiving state” facility, is situated. Given these circumstances, it is reasonable to assume that, pending final disposition of her case in the California courts, and for purely humanitarian reasons, it would be appropriate for the receiving state custodian to permit the defendant to return to her more commodious surroundings at Pleasanton where she was undoubtedly involved in rehabilitation programs which are not available at the Contra Costa County jail. Alas, there is nothing in this *533 record to support such an assumption; nor is there any indication of a predetermined arrangement with the federal custodian for her detention in the federal facility, pending final disposition of state charges, as seems to be contemplated by section 1389, article V, subdivision (a), of the Penal Code. On the other hand, I find…