Zetsche

Defendant David Lee Zetsche appeals from the judgment following his guilty plea to one count of conspiracy to manufacture and sell methamphetamine (Pen. Code, § 182). Defendant contends his section 995 motion to dismiss should have been granted on the ground the court’s failure to bring him to trial within 120 days of his arrival in California after being transported from Oregon violated article IV of section 1389, commonly referred to as the Interjurisdictional Agreement on Detainers and simply called the Agreement on Detainers in California (Agreement). The essential question before us is whether as a presentence detainee defendant was entitled to the protections afforded by the Agreement. We hold the Agreement applies only to sentenced jail inmates serving a term of imprisonment. Accordingly, we conclude defendant’s rights under the Agreement were not violated.

Facts

The facts relating to the crime itself are not relevant to the issue at hand and therefore only a recitation of the procedural background of the case is included.

On September 7, 1983, defendant was arrested and a complaint was filed with the Calaveras County Justice Court charging him with conspiracy…