Garcia v. Superior Court of Los Angeles CountyAnnotate 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.