Martinez

The People appeal from the dismissal of the charge of possession of narcotics by defendant Salvador Besetta Martinez. The trial court concluded defendant’s right to a speedy trial had been violated. We affirm.

Background

On March 25, 1991, defendant was arrested by San Jose Police Officer Gilbert Torres, after the officer saw him and another person leave a known heroin sale location and discard a cigarette package which was retrieved and found to contain heroin. After defendant was taken into custody, he admitted drug possession and parole status. Defendant was released without booking, after being asked to cooperate with police by giving information. He was given a card with the name and telephone number of an undercover officer (Daniel Vasquez) and instructed to call and leave a number where he could be reached. According to defendant, he did so, but was never contacted.

In July 1991, defendant was arrested and jailed on other felony charges. (People v. Martinez (Super. Ct. Santa Clara County, Oct. 7, 1991, No. 150520).) He eventually pleaded guilty to these charges and was sentenced to three years in prison. On May 13,1992, he was taken to prison, eventually being…