Benitez v. Superior Court CA4/3
On May 29, 2018, respondent court suspended criminal proceedings prior to the preliminary hearing pursuant to Penal Code section 1368. Petitioner, Gerardo Benitez, contends the felony complaint should have been dismissed because he was denied his right to a preliminary hearing within 10 court days from the date he was arraigned in custody on the felony complaint. Petitioner also contends respondent court abused its discretion when it suspended criminal proceedings, and also erred when it refused to conduct a preliminary hearing pursuant to section 1368.1. Although petitioner was not entitled to have his preliminary hearing within 10 court days from the date he was arraigned in custody, he is entitled to relief on the basis that the court abused its discretion and suspended the proceedings pursuant to section 1368. The petition is granted.
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