Del Castillo v. City of S.F.

*570 *1119 Petitioner Nicholas Del Castillo seeks a writ directing the trial court to set aside an information for failure to begin his preliminary hearing within 60 days of his arraignment. We shall issue the writ.

BACKGROUND

On December 27, 2018, a felony complaint was filed against Del Castillo alleging residential burglary with a hot prowl allegation, vandalism, and receiving stolen property. On December 28, 2018, he was arraigned on the complaint, and the preliminary hearing was set for January 10, 2019. On January 10, the court granted the People's request for a one-day continuance. On January 11, 2019, Del Castillo waived his right to a preliminary hearing within 10 days, but expressly preserved his right to have the hearing commence within 60 days. The preliminary hearing was set for February 19, 2019.

On February 19, 2019, Del Castillo did not appear at the preliminary hearing because he was in custody at San Francisco General Hospital. His hearing was continued to February 21, 2019, and again to February 22, 2019. On both days the court stated Del Castillo remained in the hospital. The preliminary hearing was continued to February 26, 2019, the 60th day from Del…