People v. Castaneda

Opinion

PUGLIA, P. J.

Penal Code section 859b provides, among other things, that in setting a preliminary examination, the magistrate “shall allow not less than two days, excluding Sundays and holidays, for the district attorney and the defendant to prepare for the examination.” In this appeal, we hold that (1) the quoted provision is directory only and a failure of strict compliance does not oust the magistrate of fundamental jurisdiction over the cause or the parties; (2) the magistrate substantially complied with the quoted provision and therefore defendant was neither deprived of a…