Chapter 7 – Adult Case Records Information

72040.12.4 Out‑of‑State or Federal Detainers for Un‑Sentenced Convictions

• Tinghitella v. California (9th CCCorrectional Counselor, 1983) held that an incarcerated person has a statutory right under the IAD to be sentenced in absentia within 180 days after delivery of an appropriate demand for sentencing.

  • The court held that the IAD applies to sentencing as well as to untried indictments and thus where there is proper demand for return for sentencing said demand must be met.

  • The court held however that an incarcerated person is not entitled to demand to be transferred to another jurisdiction for the purpose of sentencing if they fled that jurisdiction after conviction but before sentencing.