Murdock

People v. Murdock

Good Law
235 Cal. Rptr. 3d 737·25 Cal. App. 5th 429
Court of Appeal of CaliforniaJuly 19, 20182d Crim. No. B279452California2,980 words

Opinion

lead Opinion

Perren, J.

*431 Appellant Shea Patrick Murdock allegedly absconded while on postrelease community *739 supervision (PRCS; Pen. Code, § 3451 et seq. ) 1 in Ventura County. After his PRCS was summarily revoked and tolled pursuant to an arrest warrant, he was convicted on another charge in Monterey County and was sentenced to county jail. While serving that sentence in Monterey County, he notified the Ventura County District Attorney and Ventura County Superior Court of his imprisonment and demanded he be "brought to trial and/or sentenced" on the PRCS revocation matter within 90 days, as contemplated in section 1381. The demand was ignored. Appellant then moved to recall the PRCS warrant and dismiss the associated revocation matter as provided in section 1381. In addition to invoking section 1381, appellant asserted that the refusal of his demand to have his PRCS revocation matter promptly resolved amounted to a violation of his due process rights. The trial court denied the motion.

Although we agree with the trial court that appellant was not entitled to relief under section 1381, his due process claim has merit. Moreover, appellant suffered prejudice as a result of the due process…

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