Nguyen v. Superior Cour t
Filed 8/7/06 Nguyen v. Superior Cour tCA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
| LUC VAN NGUYEN, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; THE PEOPLE OF THE STATE OF CALIFORNIA, Real Party in Interest. | G037069 (Super. Ct. No. 03WF1797) O P I N I O N |
Original proceedings; petition for writ of mandate to challenge an order of the Superior Court of Orange County, Thomas Goethals, Judge. Petition granted.
Petitioner Luc Van Nguyen, in pro per.
No appearance for Respondent.
Tony Rackauckas, District Attorney and Matthew Lockhart, Deputy District Attorney, for Real Party in Interest.
* * *
THE COURT:*
Petitioner Luc Van Nguyen contends the court improperly denied his motion for a speedy trial pursuant to Penal Code section 1381.5. [1] The district attorney concedes the requirements of the statute were not met, and agrees the charges against Nguyen should be dismissed. The petition is granted.
FACTS
In July 2003, while Nguyen was being held in custody in the Santa Ana jail on unrelated federal charges, he was charged by complaint with assault with a deadly weapon. In July 2004, Nguyen sent a demand to the court requesting a speedy trial. The request was forwarded to the district attorney's office. In September 2004, the district attorney's office advised Nguyen in a letter that his demand for trial was premature under Penal Code section 1381.5 because he was â€
