People v. Figueroa
Annotate this CasePurported pre-plea waiver of right to preliminary examination within 60 days was ineffective. Figueroa was charged with felonies in July 2013. In August, before he entered a plea, the court declared a doubt as to his competence to stand trial and suspended proceedings (Penal Code 1368). Seven months later, proceedings were reinstated. Figueroa was advised by the court, erroneously, that he was entitled to have a preliminary hearing within 60 days. Figueroa personally waived that purported right. The next month, he pleaded not guilty; he did not waive, nor was he asked to waive, the setting of a preliminary hearing within 60 days of the entry of his plea. After several continuances, Figueroa successfully moved to dismiss, arguing violation of his right (Penal Code 859b) to have a preliminary examination set within 60 days of his plea. The court of appeal affirmed, concluding that any purported waiver was ineffective because the 60-day period had not commenced at the time. Because Figueroa had not entered a plea before suspension of proceedings, the period for setting the preliminary hearing was not triggered by reinstatement; defendant’s later plea was the triggering event. The absence of an express personal waiver after he pleaded and the passage of more than 60 days compelled dismissal.
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