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SMITH v. SUPERIOR COURT

Docket No. A026740.

159 Cal.App.3d 1172 (1984)

206 Cal. Rptr. 282

DARRYL RICHARD SMITH, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, First District, Division Four.

September 12, 1984.

Attorney(s) appearing for the Case

COUNSEL

James R. Jenner, Public Defender, Louisa Havstad and Philip V. Adams, Assistant Public Defenders, for Petitioner.

No appearance for Respondent.

John K. Van de Kamp, Attorney General, Herbert F. Wilkinson, Donna B. Chew, Eugene Kaster and Blair W. Hoffman, Deputy Attorneys General, for Real Party in Interest.

OPINION

POCHE, Acting P.J.

Petitioner Darryl Richard Smith, a state prison inmate, contends that charges against him must be dismissed because he was not brought to trial within 90 days of his request made pursuant to section 1381 of the Penal Code.1 We agree.

Background

On July 28, 1983, petitioner sent a notice to the District Attorney of Alameda County demanding that he be brought...

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