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SERRATO v. SUPERIOR COURT

Docket No. 3579.

76 Cal.App.3d 459 (1978)

142 Cal. Rptr. 882

ARTURO SERRATO, Petitioner, v. THE SUPERIOR COURT OF FRESNO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Fifth District.

January 3, 1978.

Attorney(s) appearing for the Case

COUNSEL

Melvin W. Nitz, Public Defender, and Lenore Schreiber, Deputy Public Defender, for Petitioner.

No appearance for Respondent.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Joel Carey, Emry J. Allen, Eddie T. Keller and Charles P. Just, Deputy Attorneys General, for Real Party in Interest.

OPINION

GARGANO, J.

The pivotal question presented in this proceeding is whether the 10-day period mentioned in section 859b of the Penal Code1 for holding a preliminary examination for a defendant in custody may be extended by the magistrate for good cause without the defendant's consent. At all times pertinent to this proceeding section 859b read as follows...

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