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PEOPLE v. CASTANEDA

Docket No. 15026.

190 Cal.App.3d 961 (1987)

235 Cal. Rptr. 740

THE PEOPLE, Plaintiff and Respondent, v. CARLOS O. CASTANEDA, Defendant and Appellant.

Court of Appeals of California, Third District.

March 30, 1987.

Attorney(s) appearing for the Case

COUNSEL

Duncan G. Wright, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, and Robert D. Marshall, Deputy Attorney General, for Plaintiff and Respondent.

OPINION

PUGLIA, P.J.

Penal Code section 859b provides, among other things, that in setting a preliminary examination, the magistrate "shall allow not less than two days, excluding Sundays and holidays, for the district attorney and the defendant to prepare for the examination." In this appeal, we hold that (1) the quoted provision is directory only and a failure of strict compliance does not oust the magistrate of fundamental jurisdiction...

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