Lind

Penal Code section 995, subdivision (a)(2)(A) requires the trial court to set aside an information if the defendant is not legally committed by a magistrate. Section 859b requires a preliminary hearing to be held within 60 days of the entry of a not guilty plea unless time has been personally waived by the defendant. Here, we determine that a defendant’s motion to disqualify the magistrate for cause tolls the time limit for a preliminary hearing.

The People appeal the trial court’s order granting Jeffery Cowen Lind’s and Dee Thomas Murphy’s (Respondents) motion to set aside an information that charges them with conspiracy to commit perjury and perjury. (§§ 182, subd. (a)(1), 118, subd. (a).) The People contend the motion to disqualify the magistrate suspended the time limit in section 859b and that the trial court erred by setting aside the information. Lind and Murphy claim they never waived their constitutional right to a speedy trial and argue that section 859b unequivocally requires the information to be dismissed. We reverse the order granting the motion to set aside the information.

FACTS AND PROCEDURAL HISTORY

On July 24, 2012, a felony complaint was filed…