Arnold v. Superior Court
| Court | California Court of Appeals |
| Citation | 94 Cal.Rptr. 589,16 Cal.App.3d 984 |
| Decision Date | 22 April 1971 |
| Parties | Jerry Allen ARNOLD, Petitioner, v. SUPERIOR COURT, Respondent, The PEOPLE, Real Party in Interest. Civ. 37960. |
Page 589
v.
SUPERIOR COURT, Respondent,
The PEOPLE, Real Party in Interest.
Hearing Denied June 17, 1971.
Page 590
[16 Cal.App.3d 986] Robert G. Eckhoff, Public Defender, and Lloyd R. Nocker, Deputy Public Defender, Santa Barbara, for petitioner.
David D. Minier, Dist Atty., County of Santa Barbara, and Zel Canter, Deputy Dist. Atty., for real party in interest.
No appearance for respondent court.
KINGSLEY, Associate Justice.
On January 18, 1968, petitioner was charged by complaint in municipal court with robbery and with assault with a deadly weapon, in violation of sections 211 and 245 of the Penal Code. A warrant for his arrest duly issued but was never served, although he was in the county jail and in courts in Santa Barbara County during a large part of the year 1968. On December 9, 1968, he was arrested on a charge of murder, in violation of section 187 of the Penal Code. Thereafter, he was arraigned in municipal court, on January 9, 1969, on the robbery-assault complaint. That case proceeded through preliminary hearing and setting for trial, until, on March 11, 1969, it was continued on motion of the People because defendant had, in the interim, been tried and convicted on the murder charge.
While petitioner was in state prison on the murder conviction, and while his appeal from that judgment was pending, he demanded, pursuant to section 1381 of the Penal Code, that he be brought to trial on the robbery-assault case. That demand was honored and a trial took place, resulting, on October 29, 1969, in a hung jury. On November 4, 1969, when the case was called for a resetting, the People moved to dismiss and counsel for defendant stated that defendant would not oppose the motion. The record of those proceedings reads as follows:
'Mr. Cappello (Deputy District Attorney): * * * In light of the fact that Mr. Arnold is serving a life sentence for first degree murder, the District Attorney's Office will move to dismiss the case on the ground that we [16 Cal.App.3d 987] feel that presently, as our case presently stands, we don't have enough witnesses to convict Mr. Arnold of the robbery charge.
'Mr. Merenbach (Defense Counsel): We will not oppose the dismissal.
'The Court: On motion of the District Attorney and in the interest of justice for the reasons stated, the charges in the information are dismissed.'
Thereafter, petitioner's conviction on the murder charge was reversed by...
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Arnold v. McCarthy, 76-1421
...for a Writ of Prohibition to prevent the trial. Trial was continued pending disposition of the motion. See Arnold v. Superior Court, 16 Cal.App.3d 984, 94 Cal.Rptr. 589 (1971). Upon denial of the writ on April 22, 1971, Arnold appealed to the California Supreme Court. That court sustained t......
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People v. Bilbrey, A150273
...908, 48 Cal.Rptr.2d 833 ; People v. Hernandez (1985) 166 Cal.App.3d Supp. 1, 212 Cal.Rptr. 563 ; and Arnold v. Superior Court (1971) 16 Cal.App.3d 984, 94 Cal.Rptr. 589.) Some of these and other cases suggest that the People's pending appeal can constitute good cause for delaying trial beyo......
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