Green

DISCUSSION

Section 859b sets an outer limit of 60 days from the date of arraignment to hold a

defendant’s preliminary hearing. If the preliminary hearing “is set or continued more

than 60 days from the date of the arraignment,” the charges shall be dismissed. (§ 859b.)

The only exception to this general rule is if the defendant personally waives his right to a

preliminary hearing within 60 days. (§ 859b, subd. (a).) There is no good cause

exception. (Favor v. Superior Court of San Bernardino County (2021) 59 Cal.App.5th

984, 990 (Favor).) “[A] defendant may personally waive the 60-day rule in a limited

manner, extending the deadline to a particular date beyond the original deadline, but not

waiving it altogether.” (Ibid.) If a preliminary hearing is not held before the expiration

of a defendant’s limited waiver, the case shall be dismissed. (Id. at p. 987.)

Here, petitioner waived his right to a timely preliminary hearing through a limited

waiver. Specifically, his waiver indicated the last day for timely preliminary hearing was

February 11, 2025. As indicated by this court in Favor, no good cause exception exists

to overcome a defendant’s limited waiver of a timely…