In re Mugica

■—■ Petitioner is presently confined in the Orange County jail under a temporary commitment order of the superior court awaiting trial on an information charging him with the sale of narcotics in violation of section 11501 of the Health and Safety Code, a felony. He seeks his release by habeas corpus on the ground that he was deprived of his statutory and constitutional rights to a speedy trial and to be taken before a magistrate without unnecessary delay.

Facts: Petitioner was committed by the Municipal Court of the Santa Ana-Orange Judicial District to the county jail on July 17, 1967, to serve a 179-day sentence upon conviction of the misdemeanor of using narcotics (Health & Saf. Code, §11721).

While petitioner was serving the above sentence, a complaint was filed on August 30, 1967, in the Municipal Court of the Anaheim-Fullerton Judicial District, charging him with the felony of selling narcotics on June 28, 1967. A warrant issued for his arrest and was given to a state narcotics investigator for service. Respondent sheriff received said warrant on August 31, 1967, and placed it as a hold on petitioner without executing it.

On September 9, 1967, petitioner addressed a…