Cordova

Petitioner is charged by information with violating Health and Safety Code sections 11351 (possession for sale of heroin), 11365 (being in a place where heroin is being used—misdemeanor) and 11364 (possession of a controlled substance—misdemeanor).

Petitioner’s motion to dismiss was denied by the trial court. He seeks relief here by way of mandate. We issued an order to show cause, After oral argument, we have concluded that the case is controlled by People v. Mejia (1976) 57 Cal.App.3d 574 [ 129 Cal.Rptr. 192 ] and will issue a writ directing dismissal.

Facts

On March 17, 1983, petitioner and six others, two local citizens and four illegal aliens, were arrested in a residence. All were charged with various drug counts. Jail records of three of the four aliens noted that they were illegal aliens. The jail placed border patrol holds on the four.

All defendants were arraigned on March 21, 1983. Separate counsel were appointed for the petitioner herein and the other defendants.

On April 13, 1983, at about 4 p.m., 27 days after the initial arrest, petitioner’s counsel appeared in court at a “pre-preliminary hearing” conference for petitioner. Sometime between 4 p.m. and…