Lavin

People v. Lavin

Good Law
106 Cal. Rptr. 2d 40·2001 Cal. App. LEXIS 289·2001 Daily Journal DAR 3849·88 Cal. App. 4th 609·2001 Cal. Daily Op. Serv. 3141
Court of Appeal of CaliforniaApril 19, 2001B140352California3,727 words

Opinion

Opinion

Willhite, J.

Defendant Michael James Lavin appeals from a judgment of conviction entered after a no contest plea. He obtained a certificate of probable cause from the trial court to appeal the denial of his motion to dismiss the charges against him for an alleged failure to comply with the Interstate Agreement on Detainers, codified by Penal Code section 1389. We affirm.

Procedural History

An information charged defendant with five counts of robbery (§ 211), one count of assault with intent to commit rape (§ 220), and one count of second degree commercial burglary (§ 459). The information alleged that defendant personally used a firearm in the robbery and assault charges (§ 12022.53, subd. (b)). It also alleged that he had suffered a serious felony conviction under the “Three Strikes” law (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)), that he had served a prior prison term (§ 667.5, subd. (b)), and, as to four charged robberies and the assault charge, that he had suffered a serious felony conviction (§ 667, subd. (a)(1)). Defendant initially pled not guilty and denied the allegations. However, after the trial court denied his motion to dismiss all charges under section 1389, he…

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