Dial

The issue presented by this case is whether a defendant awaiting sentencing in California, but incarcerated in another state, was denied equal protection of the laws when he was not returned to California for sentencing upon request. (See U.S. Const., 14th Amend.; Cal. Const., art. I, § 7; id., art. IV, § 16.) We find no constitutional violation and affirm the judgment.

Facts and Proceedings

On May 22, 2000, defendant Larry Ray Dial, Sr., entered a negotiated plea of guilty to transporting methamphetamine during an incident that occurred on February 6, 2000. (Health & Saf. Code, § 11379, subd. (a).) Defendant was not in custody at the time of his plea and he failed to appear for sentencing on June 16. The trial court later learned that, on June 27, defendant was sentenced to prison in the State of Nevada for a maximum of 48 months, with minimum parole eligibility of 19 months. According to court documents, he entered a guilty plea in the Nevada case on January 25, 2000.

On June 22, 2001, defendant filed a pro. per. “Request for Final Disposition” with the trial court, in which he said he wanted to have the instant matter resolved and that he had corresponded with his…