People v. Kloster CA1/4

Background On December 6, 2019, defendant was charged by information with, among other things, one count each of assault with force likely to produce great bodily injury (Pen. Code,1 § 245, subd. (a)(4)), elder abuse likely to produce great bodily injury (§ 368, subd. (b)(1)) and false imprisonment of an elder (§ 368, subd. (f)).

All statutory references are to the Penal Code unless otherwise noted. An additional charge of attempted criminal threats (§§ 422, 664) and enhancement allegations for the infliction of great bodily injury (§ 12022.7, subd. (a)) were dismissed prior to trial.

1 At his arraignment on December 16, defendant declined to waive his speedy trial rights. The trial court determined that under section 1382, the trial was required to commence by February 14, 2020.3 On February 10, 2020, the trial court found good cause to continue the trial to February 21 on the prosecutor’s motion, based on the unavailability of a witness.4 Four days later, defendant entered a general waiver of his speedy trial rights. On August 4, defendant withdrew his general time waiver, and the court set the latest trial date of October 5, 2020. Defendant, who had been in…