Fogg v. Superior Court

Opinion

KAUS, P. J.

After respondent’s denial of petitioner’s motion to dismiss an information charging him with four counts of burglary, petitioner (hereinafter called defendant) applied to this court for a writ of prohibition against the-impending trial. We granted an alternative writ and issued a temporary stay pending our consideration of the matter.

Procedural Facts

In September 1966 defendant pleaded guilty to the four burglary counts before the magistrate. No preliminary hearing was therefore held and the case was certified to the superior court. (Pen. Code, § 859a.) He was sentenced to…