P. v. Hoover
In 1994, defendant Bradley Deon Hoover kidnapped and murdered his victim. He was first charged with these crimes in 1994, and was incarcerated on an unrelated charge that same year, but his kidnapping and murder case did not proceed to jury trial until the year 2011--a 17-year delay. Before his trial commenced, he moved to dismiss his case for dilatory prosecution. The trial court denied his motion.
The jury found him guilty of first degree murder while engaged in the commission of the crime of kidnapping (count 1; Pen. Code,[1] §§ 187, subd. (a); 190.2, subd. (a)(17)(B)) and kidnapping (count 2; § 207, subd. (a)), and the trial court sentenced him to life in prison without possibility of parole. Defendant appeals, contending that the trial court erred by denying his pretrial motion to dismiss and the delay in his prosecution deprived him of due process. He adds that the jail classification and booking fees imposed at sentencing should be stricken because there was no showing he had the ability to pay. Disagreeing, we shall affirm the judgment.
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