P. v. Lowe 1/24/05 CA6

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: H026889

Case Date: 06/09/2005

Preview:Filed 1/24/05; pub. order 2/18/05 (see end of opn.)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT

THE PEOPLE, Plaintiff and Appellant, v. DANIEL LOWE, Defendant and Respondent. _____________________________________/

H026889 (Santa Clara County Superior Court No. CC303969)

The People appeal from an order dismissing the charges against defendant Daniel Lowe. The trial court concluded that defendant's right to a speedy trial under the California Constitution had been violated. We affirm. I. Statement of Facts On October 18, 2002, Officer David Lee responded to a call about a suspicious person at a mobile home park. Lee spoke to Mandy Isbell, defendant's estranged wife. She reported that defendant had been sending her threatening text messages as he was sitting nearby in his vehicle. Lee found defendant in his vehicle, which was parked within 75 to 100 feet of Isbell's trailer. After observing that defendant was under the influence of methamphetamine, Lee arrested him. When Lee searched defendant's vehicle, he found a pipe bomb that was filled with gun powder, several knives, a toy gun with a laser sight, several pairs of yellow gloves, a black cotton sleeve that was large enough to fit over a head, hair extension pieces, and several pairs of nylons.

II. Statement of the Case On April 3, 2001, defendant pleaded no contest to assault with a deadly weapon (Pen. Code,

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