People v. Hyatt

Procedural Issue

Appealability of a magistrate's dismissal of a felony complaint under Penal Code §§ 1235, 1238(a)(8); timing of a Penal Code § 1381 speedy-trial demand

Holding

The California Supreme Court held, first, that a magistrate's order dismissing a felony complaint is a dismissal in a 'felony case' appealable to the Court of Appeal under Penal Code sections 1235 and 1238, subdivision (a)(8), even though the complaint was never converted into an information or indictment; the Court disapproved People v. Nickerson's contrary reasoning that a felony is not 'charged' for appellate-jurisdiction purposes until an accusatory pleading is filed in superior court. Second, and reversing the Court of Appeal on the merits, the Court held that a defendant has not 'entered upon a term of imprisonment in a state prison' for purposes of a Penal Code section 1381 speedy-trial demand until actual delivery into the custody of the Director of Corrections under section 2900, subdivision (a) — sentencing alone does not start the 90-day clock. Because the defendant's operative demand was sent from county jail before his transfer to state prison, it was premature, and the Court reversed with directions to reinstate the dismissed felony complaint.

Why It Matters

Two takeaways for criminal appellate and trial practice. First, a prosecution appeal from a magistrate's outright dismissal of a felony complaint belongs in the Court of Appeal under sections 1235/1238(a)(8) even pre-information — don't advise a client that such an order is unreviewable or reviewable only by writ under section 871.5. Second, and more consequential day-to-day: a Penal Code section 1381 demand sent by an already-sentenced defendant who is still in county jail awaiting transport does not start the 90-day clock. Defense counsel should calendar and re-send (or advise the client to re-send) the demand only after actual delivery into CDCR custody; sending it early and relying on the original demand date is now affirmatively wrong under this opinion.

About This Entry

Court: Supreme Court of California
Topic: Criminal Procedure
Month: September 2026
Publication status: Published
Last verified: 2026-09-02

Using this website or submitting a conflict check does not create an attorney-client relationship and does not extend, suspend, stay, or otherwise affect any legal, trial-court, appellate, or other deadline or proceeding.