Forsythe

FACTS

On April 11, 2014, petitioner, Joshua Nickolaus Forsythe, was arrested for misdemeanor driving under the influence pursuant to subdivisions (a) and (b) of Vehicle Code section 23152. On May 13, 2014, a complaint was filed and on June 4, 2014, Forsythe was arraigned out of custody on the complaint. According to the docket, at the time of arraignment, Forsythe entered into a general time waiver. At the pretrial on July 8, 2014, Forsythe revoked his time waiver and a jury trial was set for September 17, 2014. The docket noted September 17th was “Day 0 of 10.” On September 5, 2014, Forsythe filed a motion to suppress evidence pursuant to Penal Code section 1538.51, to be heard and considered prior to trial on

* Before O’Leary, P. J., Ikola, J., and Thompson, J. All further references are to the Penal Code.

2 September 17th. On September 15, the People filed a motion and declaration to continue the suppression motion pursuant to section 1050. According to the declaration, the deputy district attorney assigned to the case received a rejected subpoena from the Huntington Beach Police Department because the officer necessary for the hearing was scheduled for training…