MacKey

In number A027100 of these consolidated proceedings the People appeal an order dismissing an information filed against defendant George Barrett Mackey for failure to hold a preliminary examination within the 60 day period required by Penal Code section 859b. A prior information charging the same offense was previously dismissed for other reasons.

In number A027270 defendant petitions for relief by prohibition and/or habeas corpus, seeking dismissal of a third complaint filed by the People following the superior court’s order dismissing the second information.

We affirm the order of dismissal in number A027100, concluding that the failure to hold the preliminary examination within the 60-day period prescribed by section 859b requires that the complaint be dismissed. We grant relief in number A027270 as required by section 1387 which generally provides, with certain exceptions not applicable here, that felony charges dismissed prior to trial may be re-filed only once.

The first information, charging defendant with the murder of his wife, was dismissed due to irregularities causing a deprivation of due process at the preliminary examination: the People failed to comply…