Is a defendant entitled to a preliminary examination for the purpose of obtaining a continuance?

California, United States of America


The following excerpt is from People v. Scott, C076392 (Cal. App. 2015):

Defendant also asserts that the magistrate erroneously denied his request for a continuance. "Both the defendant and the people have the right to a preliminary examination at the earliest possible time, and unless both waive that right or good cause for a continuance is found as provided for in [Penal Code] Section 1050, the preliminary examination shall be held within 10 court days of the date the defendant is arraigned or pleads . . . ." (Pen. Code, 859b.) We review the denial for an abuse of discretion. (People v. Henderson (2004) 115 Cal.App.4th 922, 934.)

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