People v. Eldridge

Opinion

PUGLIA, P. J.

Under Penal Code section 1381 (section 1381) a state prisoner who is charged with another crime while serving his prison sentence must be tried on the new charge within 90 days after he has delivered to the district attorney a written demand to be brought to trial. If he is not brought to trial within 90 days, the court, on motion of the defendant, must dismiss. If the charges are refiled, must the defendant then deliver a new demand to avail himself of the benefits of section 1381? We conclude that he must. Since the defendant here did not do so, we grant the People’s…