§ 195.40 Waiver of indictment; filing of superior court information.\n When indictment is waived in a superior court the district attorney\nshall file a superior court information in such court at the time the\nwaiver is executed. When indictment is waived in a local criminal court\nthe district attorney shall file a superior court information in the\nappropriate superior court within ten days of the execution of the court\norder approving the waiver. Upon application of a defendant whose\nwaiver of indictment has been approved by the court, and who, at the\ntime of such approval or subsequent thereto, has been committed to the\ncustody of the sheriff pending disposition of the action, and who has\nbeen confined in such custody for a period of more than ten days from\nthe date of approval without the filing by the district attorney of a\nsuperior court information, the superior court must release him on his\nown recognizance unless:\n (a) The failure of the district attorney to file a superior court\ninformation during such period of confinement was due to defendant's\nrequest, action or condition or occurred with his consent; or\n (b) The people have shown good cause why such order of release should\nnot be issued. Such good cause must consist of some compelling fact or\ncircumstance which precluded the filing of the superior court\ninformation within the prescribed period.\n
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