Sometimes. Penal Code section 1381 provides a written-demand route for a person serving a qualifying California sentence who has another California criminal case pending or receives a new charge while serving that sentence. The 90-day period runs after written notice is delivered to the district attorney in the county where the other matter is pending—not when the notice is mailed. The custody and case posture determine which statutory branch applies. Penal Code section 1381.

Confirm the sentence and the other case

For another matter already pending when the person enters custody, the statute covers a state-prison term, a county-jail term longer than 90 days, more than 90 days in jail as a probation condition, or certain specified commitments. A separate branch covers a charge filed while the person is serving a California state-prison or county-jail sentence; that branch does not repeat the more-than-90-day jail-term condition. A person detained before sentencing should not assume this statute applies.

The notice must be in writing and tell the district attorney where the person is imprisoned or committed and that the person wants trial or sentencing. Send it to the district attorney for the county where the case is pending. Keep the signed notice, proof of actual delivery, any custodian endorsement, the charging documents, and the commitment information. The 90 days begin on delivery to the district attorney.

Track continuances, dismissal, and any refiling

If the person requests or consents to a continuance in open court and the request or consent is entered in the minutes, the 90-day period starts again from the continued date. Keep the minute order and verify what date the court set. If the applicable period is violated, the statute requires dismissal on a motion or suggestion by a listed party or on the court’s own motion, but dismissal does not necessarily bar a lawful refiling.

A new charge after dismissal requires a fresh demand. In People v. Eldridge, the court treated a section 1381 demand as tied to the particular proceeding; a demand in the earlier case did not automatically carry over after refiling. People v. Eldridge.

This is different from the ordinary speedy-trial rules for someone awaiting trial and from procedures for a person held out of state. Ask counsel to check the sentence, facility, case filing dates, proof of delivery, and continuance minutes before calculating a deadline. The Law Offices of David S. Chesley handles California criminal motions. Call (800) 755-5174 to discuss the pending charge and custody record.