People v. Mayberry CA3

Filed 12/15/21 P. v. Mayberry CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE, C092706

Plaintiff and Respondent, (Super. Ct. No. 19FE015239)

v.

DONALD SAMUEL MAYBERRY,

Defendant and Appellant.

A jury found defendant Donald Samuel Mayberry guilty of first degree burglary and found true the allegations that defendant had a prior conviction and the crime was committed in the presence of another person, other than an accomplice. Defendant appeals and contends the delay in bringing him to trial violated his state and federal constitutional speedy trial rights. He also asserts no substantial evidence supports the jury’s verdict. The People contend, as to the speedy trial rights argument,…