People v. Roa

Defendant appealed from the trial court’s order denying him pretrial release, arguing that he was entitled to immediate release from pretrial custody because he was not tried within 90 days of the court denying him pretrial release. The appellate court affirmed, finding that the 90-day rule was not violated where a delay of time related to the defendant’s request to continue the case was not included in the calculation. (CAVANAGH and ZENOFF, concurring)