California Court of Appeal

In a criminal prosecution involving delayed preliminary hearings, a petition for writ of mandate requiring dismissal of information is granted where: 1) the delay in reconvening the preliminary hearing was caused by a failure to transport petitioner to court; and 2) there was no good cause shown by affidavit for this delay, which caused petitioner to remain in custody for several days without a probable cause determination.

Appellate Information

• Decided 05/15/2008
• Published 05/15/2008

Judges

• NICHOLSON, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• James L. Larsen, Public Defender, and John B. Lauper, and Nelson C. Lu, and Anna G. Teruel, Deputy Public Defenders, for Petitioner., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Stephen G. Herndon, Julie A. Hokans, and Harry Joseph Colombo, Deputy Attorneys General, for Real Party in Interest.