Section 858.7 Of Chapter 7. Examination Of The Case, And Discharge Of The Defendant, Or Holding Him To Answer From California Penal Code >> Title 3. >> Part 2. >> Chapter 7.
858.7
. (a) In any case in which the defendant has been convicted of
a misdemeanor and is serving a sentence as a result of such
conviction and there has been filed and is pending in another county
a complaint charging him with a misdemeanor Vehicle Code violation,
the defendant may appear before the court that sentenced him, and a
magistrate of that court shall give such instructions to the
defendant as required by law and inform the defendant of his rights
under this section, and, if the defendant desires to plead guilty or
nolo contendere to the charge in the complaint, he may so advise the
magistrate. If the magistrate determines that such plea would be in
the interest of justice, he shall direct the defendant to appear
before a specified appropriate court in the county in which defendant
is serving his sentence at a designated certain time for plea and
sentencing. The magistrate shall request the court in which the
complaint has been filed to transmit a certified copy of the
complaint and any citation and any factual report which may have been
prepared by the law enforcement agency that investigated the case to
the court in which defendant is to appear for plea and sentencing.
If the court of which the request is made deems such action to be in
the interest of justice, and the district attorney of the county in
which that court sits, after notice from the court of the request it
has received, does not object to such action, the court shall
immediately transmit a certified copy of the complaint and any report
of the law enforcement agency that investigated the case, and, if
not, shall advise the requesting magistrate of its decision not to
take such action.
When defendant appears for plea and sentencing, and if a copy of
the complaint has been transmitted, the court shall read the copy of
the complaint to him, and the defendant may plead guilty or nolo
contendere. Such court shall have jurisdiction to accept the plea and
impose a sentence. Such court shall notify the court in which the
complaint was originally filed of the disposition of the case. If
defendant does not plead guilty or nolo contendere, or if transmittal
of a copy of the complaint has been refused or if a copy of the
complaint has not been received, the court shall terminate the
proceedings under this section and shall direct the defendant to
appear before the court in which the complaint was filed and is
pending on or before a certain day.
(b) (1) Any fines imposed by a court which is given authority to
sentence pursuant to this section shall be remitted to the court in
which the complaint was originally filed for disposition as required
by law. Except as otherwise provided in paragraph (2) of this
subdivision, the county of the sentencing court shall bear all costs
incurred incident to acceptance of the plea and sentencing, and no
part of such costs shall be deducted from the fine remitted to the
court in which the complaint was filed.
(2) In any case in which a defendant is sentenced to imprisonment
pursuant to this section, and as a result of such sentence he is
required to be imprisoned for a time in addition to, and not
concurrent with, the time he is imprisoned as a result of the
sentence he is otherwise serving, the county in which the complaint
was originally filed shall bear the cost of such additional time of
imprisonment that the defendant is required to serve. Such cost may
be deducted from any fine required to be remitted pursuant to
paragraph (1) of this subdivision to the court in which the complaint
was originally filed.
(c) As used in this section, "complaint" includes, but is not
limited to, a notice to appear which is within the provisions of
Section 40513 of the Vehicle Code.