Legal Opinion
People v. Love
California Court of Appeal
Decided August 29, 2005No. A105802PublishedCited by 24 opinions
1Opinion of the Court
Opinion
CORRIGAN, J.
Defendant, while out of custody, waived her right to have a preliminary hearing within 10 and 60 days of her plea. She failed to appear for a setting conference and was arrested on a bench warrant. Her preliminary hearing occurred 15 court days after her reappearance in custody. The magistrate dismissed the complaint, finding the preliminary hearing untimely. He interpreted Penal Code section 859b 1 to require that a preliminary hearing be held within 10 court days of a defendant’s appearance in custody. Because the statute contains no such requirement, we reverse.
FACTUAL…
2Cases cited13 opinions
- Barker v. WingoSupreme Court of the United States · 1972
- California Teachers Ass'n v. San Diego Community College DistrictCalifornia Supreme Court · 1981
- People Ex Rel. Lockyer v. Shamrock Foods Co.California Supreme Court · 2000
- People v. CantyCalifornia Supreme Court · 2004
- Landrum v. Superior CourtCalifornia Supreme Court · 1981
8 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- People v. TravisCalifornia Court of Appeal · 2006
- People v. FigueroaCalifornia Court of Appeal · 2017
- People v. Ortiz, California Court of Appeal, 6th District2016
- People v. FerrerCalifornia Court of Appeal · 2010
- People v. SCHOPPE-RICOCalifornia Court of Appeal · 2006
19 more not listed; retrieve them via the Exa API.