Coleman

— Petitioners were charged in a single complaint with having committed various felonies. They were arraigned before a magistrate, entered pleas of not guilty, and were held to answer in respondent court after preliminary examinations conducted on the complaint. An information charging them with the felonies was filed accordingly. They moved respondent court for an order setting it aside, pursuant to Penal Code section 995, on the grounds (1) that each petitioner had been denied his right to a timely preliminary examination as provided in section 859b; and (2) that in consequence petitioners had “not been legally committed by a magistrate” within the meaning of section 995. Their motion was denied. They thereupon petitioned this court for a writ of prohibition restraining their further prosecution on the information.

Petitioners were initially charged in a complaint which commenced action No. 75920 C. They were arraigned before a magistrate on October 19, 1979, and the action was continued to October 25 for the entry of pleas. Petitioners were in custody on those days and at all pertinent times.

Petitioners were present on October 25, each with separate counsel. Each…