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Name: People v. Broughton
Case #: B156268
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 03/21/2003
Subsequent History: Rev. denied 6/11/03

Appellant was incarcerated on a federal offense, and made a Penal Code section 1381.5 “speedy trial” demand on all actions pending in the state jurisdiction. The pending state court action was a probation revocation. The prosecutor failed to act on appellant’s demand, and she moved to dismiss the criminal action against her. The trial court denied the motion, and she appealed. The appellate court here affirmed. Section 1381.5 applies only to defendants who have not been tried or afforded an initial sentencing hearing following conviction, not probationers awaiting a probation revocation hearing. Under section 1203.2a, appellant may seek a concurrent prison term from the probationary court. J. Johnson dissented, though he complimented the majority for a sophisticated opinion explaining why the Legislature did not mean what it said in the statute.