Cronk

This is an appeal from a judgment of the superior court denying a petition for writ of mandate to compel a magistrate to accept a plea of guilty to a felony complaint. We shall affirm.

A felony complaint was filed in respondent municipal court on March 9, 1981, charging petitioner Donald Cronk (hereafter defendant) with the murder of one James Milton Allen (Pen. Code, § 187). The complaint did not specify the degree of the murder. An arrest warrant was issued at the same time but not served on defendant until July 17, 1981, following defendant’s extradition to California from the State of Idaho. Defendant appeared before a magistrate of respondent court on July 17, 1981. Counsel was appointed and the case was continued for arraignment and plea to July 24,1981. On July 20, without notice to the district attorney, defendant’s counsel made an ex parte request that the matter be advanced to July 21, 1981. Counsel stated to the court it was “rather important” that this be done but gave no reasons why. The matter was so advanced.

Defendant appeared with counsel July 21 and offered to plead guilty as charged in the complaint. The prosecutor moved to dismiss, representing that…