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Dews v. Appellate Division of Superior Court

California Court of Appeal, First District, Fifth Division

January 30, 2014

Keith Laroy DEWS, Petitioner,
v.
APPELLATE DIVISION OF THE SUPERIOR COURT of the City and County of San Francisco, Respondent; The People, Real Party in Interest.

Superior Court of the City and County of San Francisco, No. 2471932, Samuel K. Feng, Judge.

Page 661

[Copyrighted Material Omitted]

Page 662

COUNSEL

Jeff Adachi, Public Defendant, Matt Gonzalaz, Chief Attorney, Adam Lipson and Armando Miranda, Deputy Public Defenders, for Petitioner.

George Gascòn, District Attorney, and Louise Ogden, Assistant District Attorney for Real Party in Interest.

OPINION

NEEDHAM, J.

Page 663

Petitioner Keith Laroy Dews seeks a writ of mandate to compel the dismissal of misdemeanor charges against him, arguing the 19-month delay between the issuance of an arrest warrant on the criminal complaint and the date of his arraignment violated his right to a speedy trial under the Sixth Amendment to the United States Constitution. The People agree the 19-month delay was presumptively prejudicial, and urge us to return the case to the trial court for a balancing of the factors articulated in Barker v. Wingo (1972) 407 U.S. 514, 530, 92 S.Ct. 2182, 33 L.Ed.2d 101 ( Barker ). Petitioner argues he is entitled to dismissal without resort to the Barker factors, because the People failed, at the outset, to justify the delay.

We agree with the People's analysis and will issue a writ directing the reconsideration of petitioner's speedy trial claim in light of the Barker factors. We disapprove Bellante v. Superior Court (2010) 187 Cal.App.4th Supp. 1, 113 Cal.Rptr.3d 452 ( Bellante ) to the extent it is inconsistent with our opinion.

BACKGROUND

Petitioner was arrested on suspicion of driving under the influence on January 29, 2011. When he appeared in court on February 14, 2011, the matter was discharged by the district attorney pending further investigation. After receiving a blood alcohol analysis report, the district attorney prepared a misdemeanor criminal complaint charging petitioner with violating Vehicle Code section 23152, subdivisions (a) and (b). An arrest warrant on the complaint issued on July 21, 2011, but petitioner was not arrested until February 11, 2013. He was arraigned on the charges on February 20, 2013.

On April 16, 2013, petitioner filed a motion to dismiss the case based on a violation of his speedy trial rights under the state and the federal Constitutions. (Cal. Const., art. I, ยง 15; U.S. Const., 6th & 14th Amends.) The superior court denied the motion without expressly balancing the ...


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