People v. Figueroa

Opinion

RUSHING, P. J.

—A criminal defendant and the People have the right to have a preliminary examination (or, preliminary hearing) set “at the earliest possible time.” (Pen. Code, § 859b.) And as part of the statutory scheme ensuring a defendant’s constitutional right to a speedy trial, “[t]he magistrate shall dismiss the complaint if the preliminary examination is set or continued more than 60 days from the date of the arraignment, plea, or reinstatement of criminal proceedings [after a doubt is declared as to the defendant’s competence], unless the defendant personally waives [that]…