Martinez

Petitioner, who is charged by indictment with several felonies, seeks to compel the Orange County Superior Court to vacate its order requiring him to elect between a motion for a preliminary hearing pursuant to Hawkins v. Superior Court (1978) 22 Cal.3d 584 [ 150 Cal.Rptr. 435 , 586 P.2d 916 ], and motions to set aside the indict ment pursuant to Penal Code section 995 and Johnson v. Superior Court (1975) 15 Cal.3d 248 [ 124 Cal.Rptr. 32 , 539 P.2d 792 ]. We conclude that the superior court was correct in requiring petitioner to make an election of remedies. However, we shall order the issuance of a peremptory writ for the sole purpose of permitting petitioner to make a knowing and intelligent election in view of the rule we establish.

On January 3, 1980, the Orange County Grand Jury returned an indictment against petitioner and 12 others charging petitioner with importation of marijuana into California (Health & Saf. Code, § 11360, subd. (a)), conspiracy to import marijuana (Pen. Code, § 182; Health & Saf. Code, § 11360, subd. (a)) and possession of marijuana for sale (Health & Saf. Code, § 11359). Petitioner was arraigned on January 18, but entered no plea at that time…