California Court of Appeal

In a criminal proceeding in which defendant was charged with a felony and a misdemeanor, the trial court's grant of his motion to dismiss, on grounds that his right under section 859b to have a preliminary examination set within 60 days of his plea had been abridged, is affirmed over the People's argument that defendant had expressly waived his rights under Pen. Code section 859b by waiving the purported right to the setting of the preliminary hearing within 60 days of reinstatement of the criminal proceedings, where any purported waiver by defendant was ineffective because the 60-day period required under section 859b had not commenced at the time it was made.

Appellate Information

• Published 2017/05/09

Judges

• RUSHING

Court

• California Court of Appeal

Counsel