Ramos v. Superior Court

Opinion

PERLUSS, P. J.

Penal Code section 859b 1 requires the magistrate to dismiss a felony complaint if a defendant’s preliminary hearing is not held within 60 days of the date of the arraignment, plea or reinstatement of criminal proceedings unless the defendant personally waives his or her right to a preliminary hearing within the 60 days. Section 1050.1, which applies in cases in which two or more defendants are jointly charged, requires the trial court or magistrate, when good cause is shown by one defendant to continue his or her arraignment, preliminary hearing or trial, to use the…