People v. Smith

*401 Under Penal Code section 1381, a criminal defendant who is sentenced to a crime has a right to demand that he be brought to trial and sentenced within 90 days in any other "pending ... criminal proceeding," anywhere in the state, in which he "remains to be sentenced." ( Pen. Code, § 1381.) 1 Does section 1381 apply to a proceeding in which the trial court imposed a specific sentence on defendant, suspended execution of that sentence, and placed defendant on probation? Our Supreme Court left that question unanswered in People v. Wagner (2009) 45 Cal.4th 1039 , 1050, fn. 5, 90 Cal.Rptr.3d 26 , 201 P.3d 1168 ( Wagner ). We conclude that the answer is "No." Accordingly, we affirm the trial court's identical conclusion.

FACTS AND PROCEDURAL BACKGROUND

I. Facts

A. Underlying crime

Joseph Smith (defendant) sold $ 13,800 in automotive repair equipment to his landlord in lieu of paying unpaid back rent, but absconded with that equipment when he vacated the premises. The People *218 charged defendant with grand theft of personal property (§ 487, subd. (a)). In late 2015 and early 2016, defendant pled no contest to the charge and was placed on formal probation for three years, which…