Davis v. Superior Court
Annotate this CaseOn October 24, 2016, Davis was charged with human trafficking and pandering. He entered not guilty pleas at the arraignment. On November 3, he waived his right to a preliminary hearing within 10 court days. On November 10, he requested to withdraw his time waiver. The court apparently denied the request; the preliminary hearing was set for December 23. The hearing did not occur. Proceedings were suspended when the court declared a doubt as to Davis’s competency. On June 26, 2017, proceedings were reinstated after the court ruled that Davis was competent. A preliminary hearing was set for August 4. Davis did not personally waive time for the preliminary hearing on June 26. On July 6, Davis objected to the August 4 hearing, arguing that notwithstanding his prior waiver he was entitled to a preliminary hearing within the 10 court days. The court ordered a hearing within 60 days of June 26 (August 4), denying Davis’s request. Davis unsuccessfully moved to dismiss the complaint under Penal Code 859b. The court of appeal ordered dismissal of the complaint. The statute requires that the preliminary hearing be set within “10 court days” from the reinstatement of criminal proceedings with the consequence of dismissal absent the defendant’s personal waiver “within the 10 court days.”
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