People v. Ruelas CA4/3

FACTS

Pretrial proceedings Defendant was arraigned on August 17, 2012. At the conclusion of the preliminary hearing, it appeared to the court that a felony had been committed and that there was sufficient and probable cause to believe defendant committed the felony. The information was filed on September 27, 2012. The matter was set for a pretrial conference on October 18. On that date, the minute order states: “Defendant waives statutory time for Jury Trial.” January 3, 2013 was the date set for jury trial. On January 3, defendant’s jury trial was trailed to January 10 “as day 7 of 10.” On January 10, a Thursday, when the case was called, the People answered not ready for trial and Deputy Public Defender Jon Feldon answered ready. Defendant’s jury trial was trailed to January 14 “as day 10 of 10.” On January 14, 2013, Feldon informed the Hon. Gregg L. Prickett as follows: “I would be ready except for that I was sent out on another trial and currently engaged. [¶] Mr. Ruelas informed me that he doesn’t want to have to continue his matter and he’s requesting a Marsden [People v. Marsden (1970) 2 Cal.3d 118] hearing.” The court transferred defendant’s trial to the courtroom of the…