Serrato v. Superior Court

Opinion

GARGANO, J.

The pivotal question presented in this proceeding is whether the 10-day period mentioned in section 859b of the Penal Code 1 for holding a preliminary examination for a defendant in custody may be extended by the magistrate for good cause without the defendant’s consent. At all times pertinent to this proceeding section 859b read as follows: “At the time the defendant appears before the magistrate for arraignment, if the public offense is a felony to which the defendant has not pleaded guilty in accordance with Section 859a, the magistrate, immediately upon the appearance of…