Jimenez

David Duran Jimenez was charged with failing to appear on a felony charge under Penal Code section 1320.5, and the trial court dismissed the action under section 995. The district attorney appeals, contending it presented sufficient evidence to justify a trial of the matter. We reverse.

Jimenez was convicted on felony drug charges and we affirmed. After the remittitur issued, the district attorney had the matter calendared in the superior court. He sent a letter to Jimenez’s lawyer, telling him of the September 4, 1991, court date and asking him to secure Jimenez’s presence.

Jimenez was not present on September 4, and a bench warrant was ordered for his arrest. On May 12, 1992, an information was filed, charging Jimenez with failing to appear on a felony charge in violation of section 1320.5. He demurred on the ground the section did not apply to postconviction failures to appear. The demurrer was sustained, but we reversed on appeal. Jimenez brought a motion to dismiss the information under section 995, arguing he was not required to appear on September 4 in the absence of a court order, and competent evidence did not show his failure to appear was willful. The trial…