PEOPLE v. PICKENS

Docket No. 12647.

124 Cal.App.3d 800 (1981)

177 Cal. Rptr. 555

THE PEOPLE, Plaintiff and Appellant, v. MICHAEL DWAYNE PICKENS, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Two.

October 20, 1981.


Attorney(s) appearing for the Case

COUNSEL

Dennis Kottmeier, District Attorney, and Joseph A. Burns, Deputy District Attorney, for Plaintiff and Appellant.

Charles E. Ward, Public Defender, and Robert J. Webb, Chief Deputy Public Defender, for Defendant and Respondent.


OPINION

GARDNER, P.J.

In this case, we hold that "court days" for purposes of measuring the number of days from arraignment to preliminary hearing (Pen. Code, § 859b) includes "special holidays" a county provides its employees. Therefore, the People's motion to reinstate the complaint was properly denied.

On December 2, 1980, defendant was in custody and arraigned in a municipal court on felony charges. The preliminary...

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