P. v. Martinez
In 1979, after defendant girlfriend was found shot to death, the People filed a felony complaint charging him with her murder. In 1980, the People learned that defendant was in Texas, where he had been convicted of an unrelated murder and sentenced to 99 years in prison. In 1995, they learned that he was, nevertheless, back in California. In 2005, they learned that he was in prison in California but about to be deported. The police thereupon investigated further and discovered a new witness, the victims adult daughter. At that point some 26 years after the commission of the crime defendant was arrested for the murder.
When the People filed an information charging defendant with murder, he responded with a motion to dismiss, asserting that his California constitutional right to a speedy trial had been violated. The trial court granted the motion.
The People appeal, arguing that there was insufficient evidence that defendant suffered actual prejudice from the delay and that the trial court improperly presumed prejudice from the delay alone. Court disagree. The trial court expressly found actual prejudice, and this finding is supported by substantial evidence. In particular, defendants wife, who, according to police reports, could have testified that defendant was at home at the time of the crime, had died. Hence, Court affirm.
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