Rindak

Petitioner Gary Rindak entered pleas of not guilty to all charges contained in an indictment. Moments later he sought and was denied a preliminary hearing. The sole question presented is whether a request for a postindictment preliminary hearing is timely when made seconds after entry of pleas of not guilty. It is.

The only analysis necessary is a reading of Hawkins v. Superior Court (1978) 22 Cal.3d 584, 594 [ 150 Cal.Rptr. 435 , 586 P.2d 916 ]. There, the California Supreme Court held that a person accused by indictment has a right “to demand a postindictment preliminary hearing prior to or at the time of entering a plea.” (Italics added.) Unless redundancy is to be presumed, “prior to ... entering a plea” means something other than “at the time of entering a plea.”

Petitioner’s motion made moments after—rather than moments before—his not guilty pleas was obviously not made “before” he entered his plea. But the motion was made “at the time” of entry of plea. In fact, it could not have been made earlier without being made before the *401 entry of plea unless petitioner has the ability to speak in two voices simultaneously. Accordingly, we find that petitioner’s motion…