Alvarez

The People charged defendant in count I with possession of cocaine (Health & Saf. Code, § 11350), in count II with possession of heroin (Health & Saf. Code, § 11350), in count III with possession of marijuana for sale (Health & Saf. Code, § 11359), in count IV with possession of oxycodone (Health & Saf. Code, § 11350), in count V with possession of a device, contrivance, instrument or paraphernalia used for unlawfully injecting a controlled substance (Health & Saf. Code, § 11364), and in count VI with possession of heroin for sale (Health & Saf. Code, § 11351). In addition it was alleged that defendant had previously been convicted of possession of heroin for sale (Health & Saf. Code, § 11351) within the meaning of Penal Code section 667.5, subdivision (b).

On appeal the People contend that the trial court abused its discretion in granting defendant’s motion to set aside the information, arguing that (1) neither section 859b nor section 861 requires dismissal in the present case and (2) the People demonstrated good cause for the continuance.

Facts

On December 4, 1987, defendant was arraigned in municipal court; he was not in custody at the time. The magistrate set the…