Fogg

After respondent’s denial of petitioner’s motion to dismiss an information charging him with four counts of burglary, petitioner (hereinafter called defendant) applied to this court for a writ of prohibition against the-impending trial. We granted an alternative writ and issued a temporary stay pending our consideration of the matter.

Procedural Facts

In September 1966 defendant pleaded guilty to the four burglary counts before the magistrate. No preliminary hearing was therefore held and the case was certified to the superior court. (Pen. Code, § 859a.) He was sentenced to state prison. Apparently he was later paroled, for the record of this court indicates that on September 24, 1969, he was again sentenced to prison for a burglary allegedly committed on April 8 of that year.

In 1970 defendant applied for a writ of habeas corpus to this court. The application concerned itself only with the 1966 conviction. He was successful, and in an unpublished opinion division one of this court ordered that the writ be granted “without prejudice to the right of the People to institute further proceedings in accordance with law.” That decision became final on March 5, 1971, 60 days…