Aguilar

This appeal addresses the issue of whether a municipal court denial of a motion to dismiss for violation of a defendant’s right to a speedy trial is appealable after the defendant has entered a plea of nolo contendere. We conclude in the negative.

Statement of Facts

On November 9, 1992, a misdemeanor complaint for violation of Penal Code section 653m, subdivision (a), was filed against appellant Debra Diana Aguilar. An arrest warrant was issued on November 12, 1992.

Appellant was arrested on June 18, 1996, the arrest warrant was recalled, and appellant promised to appear on July 17, 1996. She failed to appear on July 17 and a bench warrant was issued.

On February 13, 1997, appellant appeared in court, the bench warrant was recalled, counsel was appointed for appellant and the matter was continued to February 20, 1997. Appellant waived time and was released on her own recognizance.

On February 20, 1997, appellant’s counsel made a Serna motion to dismiss for failure to timely prosecute the matter. The trial court denied the motion. The matter was then continued to March 18 and appellant was released on her own recognizance.

On March 18, appellant failed to appear and…