Partain

Petitioner, being then imprisoned in the federal penitentiary at McNeil Island, Washington, petitioned this court for a writ to compel respondent municipal court to dismiss a criminal proceeding then pending against him in that court.

The petition alleged petitioner’s federal incarceration; that a complaint, charging two counts of forgery, a felony, had been filed against him in respondent court by the District Attorney of Los Angeles County, and that a warrant for petitioner’s arrest had been issued on said complaint but remained unserved; that petitioner had formally requested respondent court to set the matter for a speedy trial or to dismiss the same and that no action had been taken on the motion ; that petitioner’s right to a fair trial was being denied by reason of the delay in bringing the forgery case to trial; and that procedures existed by which, if invoked, petitioner would be made available to the district attorney by the federal prison authorities for the purpose of proceeding with the forgery prosecution.

I

In light of the declared legislative policy of this state, as discussed in People v. Sidener (1962) 58 Cal.2d 645 , [ 25 Cal.Rptr. 697 , 375 P.2d 641 ], we…