People v. Thomas

Opinion

NEWMAN, J.

The People appeal from an order granting defendant’s motion to dismiss from a criminal complaint an allegation that defendant had suffered a prior conviction for driving under the influence. The trial court dismissed the alleged prior after finding that the People had not proceeded in a timely manner to establish its validity. The court relied on Penal Code section 1382, subdivision 3 in making its order. For the reasons discussed below, we affirm the trial court’s order.

Statement of the Case

By misdemeanor complaint filed April 11, 1983, defendant was charged in count I with…