People v. Lind

Opinion

BURKE, J. *

Penal Code section 995, subdivision (a)(2)(A) requires the trial court to set aside an information if the defendant is not legally committed by a magistrate. * 1 Section 859b requires a preliminary hearing to be held within 60 days of the entry of a not guilty plea unless time has been personally waived by the defendant. Here, we determine that a defendant’s motion to disqualify the magistrate for cause tolls the time limit for a preliminary hearing.

The People appeal the trial court’s order granting Jeffery Cowen Lind’s and Dee Thomas Murphy’s (Respondents) motion to set…