In an appeal transferred from the superior court’s appellate division, the Court of Appeal holds that where a defendant is cited and released with a notice to appear for a misdemeanor offense, and the prosecution declines to file a complaint by the promised appearance date but ultimately files a complaint within the statute of limitations, the interval between the promised appearance date and the filing of the complaint does not count towards the one-year threshold at which prejudice is presumed for the purposes of the defendant’s Sixth Amendment speedy trial right.
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