Belton

The People appeal from an order dismissing an information (Pen. Code, § 1238, subds. (a)(1) and (8)) which charged Larry Belton, an inmate at Pelican Bay State Prison, with the felony of possessing a weapon while confined in state prison (Pen. Code, § 4502).

By a complaint filed in justice court on September 13, 1991, the People charged Mr. Belton with having been in possession of a weapon some six months earlier on March 8, 1991. An information containing the same allegation was filed in superior court on October 8, 1991, and two days later Mr. Belton was arraigned. Mr. Belton moved to dismiss the information, arguing that the delay in bringing the charge against him deprived him of his constitutional and statutory rights to a speedy trial. The trial court agreed, granting his motion to dismiss.

The People make a timely appeal contending that the trial court erred in applying statutory speedy trial provisions to delay occurring before any charges were filed, and in concluding that Mr. Belton had suffered any actual prejudice from the delay.

Discussion

I. Speedy Trial Claim

The right to a speedy trial is guaranteed by the Sixth Amendment of the United States…