Love

Defendant, while out of custody, waived her right to have a preliminary hearing within 10 and 60 days of her plea. She failed to appear for a setting conference and was arrested on a bench warrant. Her preliminary hearing occurred 15 court days after her reappearance in custody. The magistrate dismissed the complaint, finding the preliminary hearing untimely. He interpreted Penal Code section 859b to require that a preliminary hearing be held within 10 court days of a defendant’s appearance in custody. Because the statute contains no such requirement, we reverse.

FACTUAL AND PROCEDURAL BACKGROUND

Initial Dates

Defendant was charged with receiving stolen property and a warrant was issued for her arrest. She was arraigned on June 19, 2003, released on her own recognizance and referred to the public defender. On July 3, she appeared with counsel, entered a plea of not guilty and waived her right to have a preliminary hearing within 10 court days. On August 7, defendant appeared as directed, waived her right to have a hearing within 60 days, and was ordered to return on September 26. Defendant failed to appear on that date and a bench warrant was issued for her arrest on…