People v. Murdock

After defendant's postrelease community supervision (PRCS) was revoked and tolled pursuant to an arrest warrant, he was convicted on another charge in Monterey County and was sentenced to county jail.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, he notified the district attorney and superior court of his imprisonment and demanded he be brought to trial and/or sentenced on the PRCS revocation matter within 90 days pursuant to Penal Code 1381. Defendant later moved to recall the PRCS warrant and to dismiss the associated revocation matter when his demand was ignored. The Court of Appeal affirmed the trial court's decision that defendant was not entitled to relief under section 1381, because defendant did not "remain to be sentenced" on a PRCS violation. However, the court held that defendant's due process claim had merit where the failure to bring him to Ventura County to resolve the PRCS revocation matter within a reasonable time after he made his demand constituted a violation of his due process rights. Furthermore, defendant suffered prejudice as a result of the due process violation. Accordingly, the court reversed the order denying defendant's motion to recall the PRCS warrant and to dismiss the related PRCS revocation proceeding. The panel remanded for further proceedings. View "People v. Murdock" on Justia Law