People v. Kowalski
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
SABRAW, J.
*
II. Analysis *
C. Waiver of Rights to a Speedy Preliminary Hearing
Penal Code section 859b gives a defendant a right to a preliminary hearing within 10 days of arraignment or plea, 3 unless the “defendant personally waives his or her right” or the “prosecution establishes good cause for a continuance.” Defendant argues he did not personally waive this right, rather counsel did it over his objection. He concludes he was therefore denied his 859b rights and the complaint should have been dismissed.
The facts behind this issue are particularly helpful to its resolution. Defendant…
2Cases cited17 opinions
- Faretta v. CaliforniaSupreme Court of the United States · 1975
- Coleman v. AlabamaSupreme Court of the United States · 1970
- People v. WheelerCalifornia Supreme Court · 1978
- People v. JohnsonCalifornia Supreme Court · 1980
- People v. FloydCalifornia Supreme Court · 1970
12 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- People v. StandishCalifornia Supreme Court · 2006
- Ramos v. Superior CourtCalifornia Court of Appeal · 2007
- People v. LoveCalifornia Court of Appeal · 2005
- People v. HendersonCalifornia Court of Appeal · 2004
- In Re SamanoCalifornia Court of Appeal · 1995
8 more not listed; retrieve them via the Exa API.