Craft

Craft v. Superior Court

Good Law
140 Cal. App. 4th 1533·2006 Cal. App. LEXIS 999·2006 Daily Journal DAR 8693·44 Cal. Rptr. 3d 912·2006 Cal. Daily Op. Serv. 6040
Court of Appeal of CaliforniaJune 30, 2006G036155California4,400 words

Opinion

Opinion

Aronson, J.

Louis Eugene Craft seeks a peremptory writ of mandate challenging the trial court’s denial of his motion to dismiss a felony complaint charging him with possession of heroin and misdemeanor offenses for being under the influence of heroin, possession of a hypodermic needle, and urinating in public. Craft contends his lengthy pretrial incarceration violated his right to a speedy trial under the state Constitution and infringed due process under the federal and state Constitutions. At the preliminary hearing, the trial court found Craft incompetent to stand trial and suspended criminal proceedings. The trial court committed Craft to the state hospital for treatment but, for reasons never explained in the record, the court failed to issue the commitment and transportation order. Craft contends the ensuing 17 months he languished in jail—without treatment for the mental health condition on which the trial court predicated suspending criminal proceedings—requires either outright dismissal of the charges or reconsideration of his motion. For the reasons that follow, we conclude there is no substantial evidence to support the trial court’s finding Craft suffered no prejudice…

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