People v. Smith

Penal Code section 1381, which states that a criminal defendant who is sentenced to a crime has a right to demand that he be brought to trial and sentenced within 90 days in any other "pending . . .criminal proceeding," anywhere in the state, in which he "remains to be sentenced," does not apply to a proceeding in which the trial court imposed a specific sentence on defendant, suspended execution of that sentence, and placed defendant on probation. In light of the Court of Appeal's conclusion that section 1381 did not apply, the court had no occasion to decide whether the People complied with its provisions in this case. View "People v. Smith" on Justia Law