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Name: Benavides v. Superior Court
Case #: B343477
Division: 5
Opinion Date: 20251216
Summary

The Court of Appeal holds that PC 859b mandates dismissal of a complaint when a trial court continues a preliminary hearing beyond the 10-court-day period without finding good cause, orders the defendant be released on the tenth court day, but the jail fails to release the defendant on time as ordered.

The full opinion is available on the court’s website here: https://www4.courts.ca.gov/opinions/documents/B343477.PDF