Nov. 8, 2022 – People v. Buchanan (6th Dist., H049838)

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.