People v. Pickens

Opinion

GARDNER, P. J

In this case, we hold that “court days” for purposes of measuring the number of days from arraignment to preliminary hearing (Pen. Code, § 859b) includes “special holidays” a county provides its employees. Therefore, the People’s motion to reinstate the complaint was properly denied.

On December 2, 1980, defendant was in custody and arraigned in a municipal court on felony charges. The preliminary hearing was set for December 16, 1980. On that day the People were unable to proceed. The case was dismissed and promptly refiled. At that time the defendant was arraigned, pled…