People v. Hyatt

Summary

The California Supreme Court held that a magistrate's order dismissing a felony complaint is a dismissal in a 'felony case' appealable by the People to the Court of Appeal under Penal Code sections 1235 and 1238(a)(8), even though the felony allegations were charged only by complaint and no indictment or information was ever filed; Nickerson's contrary reasoning was disapproved. On the merits, the Court held that a defendant 'has entered upon a term of imprisonment in a state prison' for purposes of Penal Code section 1381 only upon actual delivery into the custody of the Director of Corrections (Pen. Code, § 2900(a)), confirming decades of prior case law and rejecting the Court of Appeal's contrary reading. Because Hyatt's operative section 1381 demand was sent from county jail before he was delivered to prison custody, it was premature and did not start the 90-day clock. The Court reversed the Court of Appeal's judgment affirming the dismissal and remanded with directions to reinstate the felony complaint; the opinion by Justice Kruger was unanimous.