Garcia v. Superior Court of Los Angeles County
Annotate this Case
Petitioner sought a petition for writ of mandate, contending that his motion to dismiss should have been granted because the failure to hold a timely preliminary hearing violated the statutory time requirements of Penal Code section 859b and his constitutional right to a speedy trial.
The Court of Appeal granted the petition, holding that, where an in-custody defendant is arraigned on an amended complaint, section 859b requires that the preliminary hearing be held within 10 court days of that arraignment unless there is a personal time waiver by the defendant or good cause for a continuance. In this case, petitioner was not held within the 10-day period prescribed by section 859b and he did not personally waive his right to a preliminary hearing within that time period. Therefore, section 859b mandates dismissal of the amended complaint against him.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.