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Name: People v. Contreras
Case #: F056089
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 09/23/2009
Summary

Where defendant contributed to delay by using false names and birthdates, speedy trial right was not violated. In February, 2005, Contreras was granted probation for a term of three years following a conviction for possession of a controlled substance. On November 10, 2005, the probation department filed a petition to revoke his probation and issued an arrest warrant. In July, 2008 Contreras admitted the violation of probation and was sentenced. On appeal, he argued that the delay of his sentencing was a violation of due process and speedy trial guarantees. The appellate court rejected the argument and affirmed, finding that there was overwhelming justification for the delay. Contreras utilized multiple names, birth dates, and social security numbers while he was incarcerated, which created difficulty in locating him and calculating his custody credits. Further, Contreras could not show that the delay prejudiced his ability to defend himself since he admitted the probation violation.