People v. Nelson

The Appellate Department of the Superior Court of Los Angeles County, pursuant to the provisions of rules 62 and 63, California Rules of Court, article VI, section 4e, of the Constitution, and section 988t of the Code of Civil Procedure of the State of California, having certified to the effect that a transfer of the appeal in the above entitled action to the District Court of Appeal appears necessary to settle an important question of law; and good cause appearing therefor, the said appeal being from the Municipal Court for the Inglewood Judicial District in and for the County of Los Angeles, numbered CR. A 5773, by order duly made, was transferred to the District Court of Appeal, Second Appellate District, Division One.

In its order of certification the judges of said appellate department declared that the above entitled action presents a new and important question of law which should be settled, to wit, when a felony complaint is dismissed by the magistrate before whom a preliminary examination is pending and a new complaint for a misdemeanor is filed on the same facts, when does time begin to run within which the misdemeanor case may be brought to trial under Penal Code…