By Kayla Meraz
WOODLAND, CA – The accused and their legal representation filed a motion to dismiss the case during a trial readiness conference in Yolo County Superior Court last Wednesday because the prosecution was not prepared for the trial, arguing the prosecution’s lack of readiness is prejudicial to the accused, violating their right to a fair and speedy trial.
But, Judge Sonia Cortés dismissed the objection by the defense, allowing the prosecution to dismiss and then refile the case with more evidence.
The case involves charges of a felony and other convictions related to the felony.
Deputy Public Defender Stephen Betz said the accused was frustrated with the delays of the case that was brought to the court last January, arguing the right to a speedy trial was being ignored.
DPD Betz indicated to the court a readiness to try the case or resolve the case, but noted the prosecution was not ready for trial.
Deputy District Attorney David Wilson said the prosecution plans to dismiss and refile because the District Attorney’s Office has not yet obtained all their evidence.
“However, we wish to take advantage of those additional days for investigation. A lot of this is SDT (subpoena duces tecum) material where we are waiting on third parties to provide us with material,” said DDA Wilson.
DPD Betz responded, “I’m objecting at this point that the prosecution can call ready for trial…they are indicating to the court that they can’t call ready. It’s not professional courtesy, it’s a matter of representation to the court. So, if the prosecution is not ready, they’re not ready, then the case should be dismissed today. And that’s what should happen, I would invite the court to do that.”
DDA Wilson countered by noting no law was brought up that mandates the court has the authority at that point to dismiss. They also brought to the court’s attention the prosecution has the time offered by statute to prepare for the case.
Penal Code section 1385 was then quoted by DPD Betz to instate legal grounds granting authority of the court to dismiss the case, arguing both sides are granted time to prepare for the case but noting readiness should only be claimed when that party is set for trial and not when they need to gather more evidence.
