Davis

*1063 Petitioner Gregory Davis, while in custody, waived his right to a preliminary hearing within 10 court days and 60 days of entering his plea. On the day scheduled for his preliminary hearing, the court declared a doubt as to Davis's mental competence and criminal proceedings were suspended. Nearly six months later, on June 26, 2017, Davis was found competent, criminal proceedings were reinstated, and the court reset the preliminary hearing for August 4, 2017. Davis objected to the setting of the preliminary hearing and requested a *369 hearing within 10 court days of the reinstatement of *1064 criminal proceedings, citing Penal Code section 859b, which governs the setting of dates for preliminary hearing. When the court denied Davis's request and his subsequent motion to dismiss the case under section 859b for failure to hold the preliminary hearing within 10 court days from the reinstatement of criminal proceedings, Davis petitioned this court for a writ of mandate. We conclude that the superior court erred in denying the motion to dismiss.

FACTUAL AND PROCEDURAL BACKGROUND

On October 24, 2016, Davis was charged with two counts of human trafficking ( Pen. Code, § 236.1,…