P. v. Acosta
Filed 4/25/06 P. v. Acosta CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
THIRD APPELLATE DISTRICT
(Tehama)
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| THE PEOPLE, Plaintiff and Respondent, v. ANTONIO H. ACOSTA, Defendant and Appellant. | C049757
(Super. Ct. No. NCR64234)
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A jury found defendant Antonio H. Acosta guilty of possession of a controlled substance. On appeal, defendant contends that his conviction should be reversed because he was unduly prejudiced by the delay between the time of the offense and the time formal charges were filed against him, amounting to a denial of his due process rights and his trial attorney's failure to object to the delay constituted ineffective assistance of counsel. Because defendant has shown no prejudice caused by the delay, we will affirm.
FACTUAL AND PROCEDURAL BACKGROUND
On September 29, 2004, a complaint was filed in Tehama County Superior Court charging defendant with transportation of methamphetamine and alleging he had two prior convictions. According to the complaint, the crime occurred on October 11, 2002.
On October 7, 2004, a warrant was issued for defendant's arrest, and defendant was arrested January 13, 2005. On January 14, 2005, defendant was arraigned and appointed counsel. On January 19, 2005, defendant pled not guilty to the charge in the complaint. On February 1, 2005, defendant waived his right to a preliminary hearing. An information was filed on February 8, 2005, alleging the same facts set forth in the complaint. On February 14, 2005, defendant entered a not guilty plea and denied the prior convictions set forth in the information. Trial commenced on March 30, 2005.
At trial, Officer James Dodge was the only witness for the People. Officer Dodge testified that on October 11, 2002, he was on duty as a police officer for the Corning Police Department. At approximately 8:00 p.m., he stopped Gary Cronk and defendant for â€
