People v. Garcia CA1/3

Filed 7/21/15 P. v. Garcia CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent,

A140954

v. RUDOLPH TRAVIS GARCIA, (San Mateo County Super. Ct. No. SC078743) Defendant and Appellant.

In re RUDOLPH TRAVIS GARCIA,

A143289

on Habeas Corpus.

Defendant Rudolph Travis Garcia was sentenced to serve 16 months in state prison after pleading no contest to a vehicle theft charge. On appeal and in a related habeas corpus petition, he argues that the court erred in denying his motion to dismiss pursuant to Penal Code1 section 1381 for a violation of his statutory speedy trial rights. Because Garcia sent his section 1381 demand for a speedy trial before he was housed in state prison, the court did not err in declining to…