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The People v. Nathon Olney Reep

March 15, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
NATHON OLNEY REEP, DEFENDANT AND APPELLANT.



(Super. Ct. Nos. NCR73325, NCR75834)

The opinion of the court was delivered by: Butz ,j.

P. v. Reep CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Nathon Olney Reep*fn1 appeals from a judgment for driving under the influence (DUI) causing injury. (Veh. Code, § 23153, subd. (a).) He contends the trial court (1) violated his constitutional and statutory right to a speedy trial (U.S. Const., 6th Amend.; Cal. Const., art. I, § 15; Pen. Code,*fn2 § 1382, subd. (b)*fn3 ), and (2) erroneously gave a jury instruction on flight. We shall amend the abstract of judgment to correct a calculation error in presentence credits (a point not raised by the parties), and we shall otherwise affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

On November 30, 2007, around 6:00 p.m., defendant drove his truck too fast, on the wrong side of the road, and hit the victims' vehicle, injuring the driver and both passengers. A third party witness testified defendant sped past him at a high rate of speed and continued driving on the wrong side of the road. About a mile down the road, the witness came upon the accident scene. Defendant said he was a passenger, not the driver of his truck, and another person was driving the truck at the time of the accident but fled after the accident. However, the witness recognized defendant as the driver who passed him.

A responding highway patrol officer gave defendant field sobriety tests, which he failed, and used a handheld device which recorded defendant's blood-alcohol level at 0.091 percent. A subsequent blood test showed a blood-alcohol level of 0.06 percent and the presence of marijuana.

In trial court case No. NCR73325, defendant was charged with felony DUI causing injury (and a second count of driving without evidence of insurance, which was later dismissed). The pleading also alleged one strike prior (Pen. Code, § 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and enhancements in that defendant caused bodily injury to more than one victim (Veh. Code, § 23558), caused great bodily injury (Pen. Code, § 12022.7, subd. (a)), had a prior prison term (id., § 667.5, subd. (b)), and had one prior serious felony (id., § 667, subd. (a)(1)).

Defendant was released on bail but failed to appear in court for a September 2, 2008 hearing. A bench warrant issued.

A year later, on September 27, 2009, defendant was arrested on the warrant and charged with failure to appear. (§ 1320.5.)

On September 28, 2009, the trial court ordered the DUI to be continued to October 5, 2009. Defendant was not present.

Defendant next appeared in court on September 29, 2009, on the failure to appear charge.

On September 30, 2009, the prosecution filed an information charging defendant with failure to appear in trial court case No. NCR75834.

On October 5, 2009, defendant next appeared in court for the DUI. The trial court indicated the 60 days for a speedy trial (ยง 1382, subd. (b), fn. 3, ante) started to run on September 28, and the last day was November 27. Defendant did not ...


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