People v. Lind
Annotate this CaseThe People appealed the trial court's order granting defendants' motion to set aside an information that charged them with conspiracy to commit perjury and perjury. The People argued that the motion to disqualify the magistrate suspended the time limit in Penal Code section 859b and that the trial court erred by setting aside the information. The court held that a defendant's constitutional right to a speedy preliminary hearing is not infringed by the suspension of the 60-day rule for the time it takes to resolve that defendant's challenge to the impartiality of the judge assigned to his or her case. People v. Macky does not address and is not authority for the proposition that a motion filed by the defendant that temporarily divests the court of jurisdiction to hold a preliminary hearing does not temporarily suspend the 60-day limit. The court rejected defendants' arguments, reversing the judgment of dismissal and remanded for further proceedings.
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