Benavides
Benavides v. Super. Ct.
Opinion
Opinion
FACTS AND PROCEDURAL BACKGROUND
I. The Charges
The People filed a criminal complaint against defendant that charged him with assault by means likely to produce great bodily injury (§ 245, subd. (a)(4)), and further alleged that he personally inflicted great bodily injury (§ 12022.7, subd. (a)).
II. The Arraignment, Setting of Preliminary Hearing,
and Remand to Custody On July 9, 2024, the trial court arraigned defendant on the complaint. After defendant entered a plea of not guilty, the court set the defendant’s preliminary hearing for July 22, 2024, as “day 9 of 10”—that is, as the second-to-last of the 10 court days by which a preliminary hearing must be initiated under section 859b. The court fixed bail at $105,000, and remanded defendant into custody.
III. Initial Continuance of Preliminary Hearing, and
Order of Release from Custody Following an unprecedented cyberattack on all Los Angeles Superior Court systems that occurred on July 19, 2024, that court’s presiding judge issued a General Order that closed all 36 courthouses in Los Angeles County on Monday, July 22, 2024, and declared that day a “court holiday.” The order further stated: “The period provided in…