People v. Isamade CA3

BACKGROUND

In September 2018, the California Highway Patrol issued defendant a ticket that alleged driving under the influence (Veh. Code, § 23152, subd. (a)), concealing a firearm

1 Undesignated statutory references are to the Penal Code.

1 in a vehicle (§ 25400), possession of a controlled substance (Health & Saf. Code, § 11350, subd. (a)), and transportation of a controlled substance (Health & Saf. Code, § 11352, subd. (a)). From the limited record before us, it appears that defendant was ultimately charged with possession of a controlled substance while armed with a firearm (Health & Saf. Code, § 11370.1, subd. (a)) and possession of a controlled substance (Health & Saf. Code, § 11351). The matter proceeded in the superior court as case No. 18FE018008. In February 2019, defendant made a calendaring change request that included the following explanation: “Request for dismissal due to defendant being scheduled for deportation. He is currently in an ICE detention center until deportation to Nigeria this month.” A March 26, 2019 minute order states that the motion to dismiss was “[d]ropped.” On December 5, 2019, defendant again requested a calendar change, listing as the…