Legal Opinion

People v. Broughton

California Court of Appeal

Decided March 21, 2003No. B156268PublishedCited by 11 opinions

1Opinion of the Court

Opinion

PERLUSS, P. J.

Penal Code section 1381.5 requires the district attorney to bring a defendant imprisoned in a federal correctional institution to trial or for sentencing in state criminal proceedings within 90 days after receiving an *311assent from an authorized federal official for the release of the defendant from federal custody for that purpose. If the defendant is not brought to trial or for sentencing as required by section 1381.5,1 the trial court must, on motion, “dismiss the action.”

Although as a formal matter, if the trial court at a sentencing hearing suspends imposition of…

2Cases cited19 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. Gagnon v. ScarpelliSupreme Court of the United States · 1973
  3. People v. PietersCalifornia Supreme Court · 1991
  4. People v. LoeunCalifornia Court of Appeal · 1997
  5. Butt v. State of CaliforniaCalifornia Supreme Court · 1992

14 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Bridget A. v. Superior CourtCalifornia Court of Appeal · 2007
  2. People v. WagnerCalifornia Supreme Court · 2009
  3. People v. AmonsCalifornia Court of Appeal · 2005
  4. Craft v. Superior CourtCalifornia Court of Appeal · 2006
  5. People v. HsuCalifornia Court of Appeal · 2008

6 more not listed; retrieve them via the Exa API.

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