Section 871.6 Of Chapter 7. Examination Of The Case, And Discharge Of The Defendant, Or Holding Him To Answer From California Penal Code >> Title 3. >> Part 2. >> Chapter 7.
871.6
. If in a felony case the magistrate sets the preliminary
examination beyond the time specified in Section 859b, in violation
of Section 859b, or continues the preliminary hearing without good
cause and good cause is required by law for such a continuance, the
people or the defendant may file a petition for writ of mandate or
prohibition in the superior court seeking immediate appellate review
of the ruling setting the hearing or granting the continuance. Such a
petition shall have precedence over all other cases in the court to
which the petition is assigned. If the superior court grants a
peremptory writ, it shall issue the writ and a remittitur three court
days after its decision becomes final as to the court if this action
is necessary to prevent mootness or to prevent frustration of the
relief granted, notwithstanding the rights of the parties to seek
review in a court of appeal. When the superior court issues the writ
and remittitur as provided in this section, the writ shall command
the magistrate to proceed with the preliminary hearing without
further delay, other than that reasonably necessary for the parties
to obtain the attendance of their witnesses.
The court of appeal may stay or recall the issuance of the writ
and remittitur. The failure of the court of appeal to stay or recall
the issuance of the writ and remittitur shall not deprive the parties
of any right they would otherwise have to appellate review or
extraordinary relief.