Ogle
Ogle v. Superior Court
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…