P. v. Macias CA3
Based on the limited record before us, it appears that an October 2013 complaint charged defendant Benjamin Macias with possession of marijuana for sale, unlawful cultivation of marijuana, and being a felon in possession of a firearm. He was arraigned on the complaint on October 10, 2013, and released on bail later that same month.
In December 2014, defendant pled not guilty, entered a general time waiver, and his case was set for a preliminary hearing in January 2015. The matter was continued several times at defendant’s request to July 16, 2015. Defendant was taken into federal custody on June 10, 2015, and his preliminary hearing was vacated.
In March 2017, defendant, who remained in federal custody, moved to dismiss this case under Penal Code section 859b. The People opposed, and the court denied defendant’s motion. Thereafter, defendant remained in federal custody awaiting trial on his federal charges.
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