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  #1  
Old 10-24-2008, 01:58 PM
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dmorales dmorales is offline
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Exclamation Need help regarding a 1389

My man filed a 1389 from CA. to NV.around June in Avenal State prison in CA. Since then he was transfered to Pleasant Valley prison in Ca. Can anyone tell me if his proof of service is still good if he transfered from one prison to another, or does he have to fill out another "try or dismiss" form.
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Old 10-24-2008, 02:51 PM
Gryphon Gryphon is offline
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Originally Posted by dmorales View Post
My man filed a 1389 from CA. to NV.around June in Avenal State prison in CA. Since then he was transfered to Pleasant Valley prison in Ca. Can anyone tell me if his proof of service is still good if he transfered from one prison to another, or does he have to fill out another "try or dismiss" form.
The 1st request should be sufficient since he put the DA on notice regarding the length of the CDCR sentence when he filed the 1389 from CDCR. The DA can use the inmate locator. He could send the DA letter saying that he's still in prison but has been moved.
I don't see any harm in doing a 1389 again, though.
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Old 11-22-2008, 07:04 PM
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Dec. 10 is when the 1389 expires. Do you know the procedures on what to do next, since they still didn't pick my man up. Do I send the copy of proof of service to the Judge and ask for a motion to dismiss, or what is the best option?


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The 1st request should be sufficient since he put the DA on notice regarding the length of the CDCR sentence when he filed the 1389 from CDCR. The DA can use the inmate locator. He could send the DA letter saying that he's still in prison but has been moved.
I don't see any harm in doing a 1389 again, though.
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Old 11-25-2008, 02:29 AM
Gryphon Gryphon is offline
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Usually the dismissal for s speedy trial violation doesn't happen until the inmate somehow finds their way back to court. The alternative is to file a formal motion to dismiss. although a Judge lacks jurisdiction to dismiss under PC 1385, a letter is unlikely going to do what needs to be done.
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Dec. 10 is when the 1389 expires. Do you know the procedures on what to do next, since they still didn't pick my man up. Do I send the copy of proof of service to the Judge and ask for a motion to dismiss, or what is the best option?
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