Blake

Penal Code section 859b has been held to provide an absolute right in favor of persons in custody charged with felonies to have a preliminary examination commenced within 10 court days after they have been arraigned. (Serrato v. Superior Court (1978) 76 Cal.App.3d 459, 464 [ 142 Cal.Rptr. 882 ].)

The primary question presented by this writ petition is whether the absolute right to a preliminary examination within 10 days of arraignment applies to petitioner who, at the time of his arraignment, was confined in Folsom Prison following a conviction on unrelated charges.

We conclude that the legislative reason for eliminating good cause extensions of the 10-day preliminary hearing requirement does not apply to those persons in custody not entitled to bail.

Petitioner was indicted July 31, 1979, and arraigned August 10, 1979; he requested a postindictment preliminary hearing (Hawkins v. Superior Court (1978) 22 Cal.3d 584 [ 150 Cal.Rptr. 435 , 586 P.2d 916 ]), and that hearing was not conducted until September 12, 1979, following four continuances, each granted upon a finding of good cause.

On August 30, 1979, petitioner made a motion to dismiss, asserting the provisions…