Does the term "in custody" under section 859b of the California Penal Code apply to defendants in custody by reason of pending charges?

But the statutes apply "only to those defendants in custody by reason of the pending charges." (Blake v. Superior Court, supra, 108 Cal.App.3d at p. 249, 166 Cal.Rptr. 470; our emphasis.) Where, as here, the accused is in custody by reason of a prior conviction and sentence, he is not "in custody" within the meaning of Penal Code section 859b. "[T]he phrase 'whenever the defendant is in custody' as used in section 859b must be applied only to those defendants in custodial confinement solely [our emphasis] attributable to the charges which are the subject of the preliminary hearing." (Id. at p. 248, 166 Cal.Rptr. 470.)

We are unpersuaded that the rule announced by Blake v. Superior Court applies only to the timeliness of a preliminary examination under Penal Code section 859b. The three code sections relate to the same subject matter, and Blake v. Superior Court's rationale for section 859b is equally applicable to all.