Ogle

Ogle v. Superior Court

Good Law
1992 Cal. App. LEXIS 353·4 Cal. App. 4th 1007·6 Cal. Rptr. 2d 205·92 Daily Journal DAR 3762·92 Cal. Daily Op. Serv. 2417
Court of Appeal of CaliforniaMarch 18, 1992F016394California4,543 words

Opinion

Opinion

Acting, J.

Statement of the Case

Petitioner, Robert Lee Ogle, is a defendant in a misdemeanor prosecution pending in the South Kern Municipal Court (municipal court). On June 13, 1991, he filed a motion to dismiss in that court, asserting the two-year delay between the date the complaint was filed (Apr. 6, 1989) and the date of his arraignment (Apr. 12, 1991) violated his federal constitutional right to a speedy trial. The municipal court denied his motion to dismiss. Following his petition for a peremptory writ of mandate and/or prohibition, the superior court denied relief. By petition for writ of mandate and/or prohibition, he seeks further review in these proceedings.

Statement of Facts

Historical Facts

Shortly before 6:45 p.m. on March 20, 1989, an officer of the California Highway Patrol stopped a car driven (and solely occupied) by Ogle and arrested him for driving under the influence of alcohol, having a blood-alcohol level exceeding .10 percent. At 8:07 and 8:09 p.m., Ogle performed breath tests which indicated blood-alcohol readings of .26 percent and .25 percent, respectively. At 12:35 p. m. on March 21, 1989, he was released on his signed promise to appear in the…

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