Granderson

Defendant, convicted of discharging a firearm at a vehicle (Pen. Code, § 246), 1 appeals. He does not challenge the propriety of his conviction under the evidence, but rather contends that as an in-custody defendant, he was denied the right to a preliminary hearing within 10 days of arraignment as required by section 859b.

On March 8, 1979, defendant was charged in complaint No. 3-8375 with certain crimes, including that of which he was ultimately convicted. He was arraigned and entered a not guilty plea on August 15, 1979. The preliminary examination was set for August 29, 1979, the 10th court day following. On the latter date the matter was called and the *909 prosecution, not prepared to proceed, asked for and received a two-day delay until August 31. On that date the prosecution requested and was granted a dismissal. A new complaint was then filed (No. 3-19188) charging the identical offenses. The preliminary hearing was conducted within the time limits required by section 859b, and an information thereafter was filed in the superior court.

Defendant made and argued a motion to set aside the information (§ 995), charging insufficient evidence and that the second…