OIKNINE

People v. OIKNINE

Good Law
1999 Cal. App. LEXIS 1147·2000 Daily Journal DAR 2865·79 Cal. App. 4th 21·93 Cal. Rptr. 2d 720·2000 Cal. Daily Op. Serv. 2094
Court of Appeal of CaliforniaDecember 2, 1999B127577California2,695 words

Opinion

Opinion

Armstrong, J.

The People of the State of California appeal from the trial court’s order dismissing the indictment in this case pursuant to the Interstate Agreement on Detainers, codified in California in Penal Code section 1389. This indictment contained five counts that had previously been filed against respondent Assaf Oiknine in People v. Oiknine (Super. Ct. L.A. County, No. BA151583) (case No. BA151583), plus six new counts. The People contend that the trial court erred in dismissing these six new counts. We agree, and reverse that portion of the trial court’s order dismissing counts 6 through 11 of the August 25, 1998 indictment.

Procedural Facts

In June, 1997, the People filed a complaint charging respondent with stalking, attempted extortion, making a terrorist threat, assault with a firearm, assault with a deadly weapon and perjury in case No. BA151583. On December 30, 1997, the Los Angeles Police Department requested Allen-wood Federal Correctional Institution, where respondent was incarcerated, to file a detainer against respondent on the basis of a felony warrant in case No. BA151583. A detainer is a request filed by a criminal justice agency with the institution in which…

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