Nguyen
People v. Nguyen
Opinion
Opinion
Lie, J.
I. BACKGROUND
In December 2016, the Santa Clara County District Attorney (District Attorney) filed a complaint (C1652927) charging Nguyen with possession for sale and transportation of a controlled substance. Six months later, the District Attorney filed a complaint in a second case (C1766436) charging Nguyen with additional controlled substance offenses. In July 2017, Nguyen was arrested in La Plata County, Colorado for selling marijuana. The following year, he was convicted and sentenced to six years in Colorado state prison. On July 18, 2018, while incarcerated in Colorado, Nguyen sent an informal request to the warden for a final disposition of his pending charges in Santa Clara County.2 Two days later, Nguyen forwarded his informal request to the District Attorney. Consequently, on August 28, 2018, the District Attorney lodged a detainer with the Colorado warden, citing his pending felony charges. The Colorado warden acknowledged receipt of the detainer the next day, August 29, 2018. It was not until December 5, 2018, a delay of 14 weeks, that the Colorado warden served Nguyen with the detainer and notice of his right to demand final disposition of the charges. That…