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PEOPLE v. ELDRIDGE

Docket No. C023034.

52 Cal.App.4th 91 (1997)

THE PEOPLE, Plaintiff and Appellant, v. STEPHEN ERNEST ELDRIDGE, Defendant and Respondent.

Court of Appeals of California, Third District.

January 22, 1997.

Attorney(s) appearing for the Case

COUNSEL

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, John A. O'Sullivan and Raymond L. Brosterhous II, Deputy Attorneys General, for Plaintiff and Appellant.

Ward & Capriola and William J. Capriola for Defendant and Respondent.

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...

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