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PEOPLE v. LOVE

No. A105802.

34 Cal.Rptr.3d 6 (2005)

132 Cal.App.4th 276

The PEOPLE, Plaintiff and Appellant, v. Latasha Renee LOVE, Defendant and Respondent.

Court of Appeals of California, First District, Division Three.

August 29, 2005.

Attorney(s) appearing for the Case

Robert Kochly, District Attorney, Doug MacMaster, Deputy District Attorney, for Appellant.

David C. Coleman III, Public Defender, Jordan Schreiber, Deputy Public Defender, for Respondent.

CORRIGAN, J.

Defendant, while out of custody, waived her right to have a preliminary hearing within 10 and 60 days of her plea. She failed to appear for a setting conference and was arrested on a bench warrant. Her preliminary hearing occurred 15 court days after her reappearance in custody. The magistrate dismissed the complaint, finding the preliminary hearing untimely. He interpreted Penal Code section 859b

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