In Irving v. Superior Court (1979) 93 Cal.App.3d 596, at page 599, the court stated, "The language of Penal Code section 859b is precise: 'In no instance shall the preliminary examination be continued beyond 10 court days from such arraignment or plea whenever the defendant is in custody at the time of such arraignment . . .' Petitioner was in custody at the time of arraignment. His subsequent release from custody is irrelevant to his statutory right. The only exception permitted is for a defendant who 'personally' waives his right to a preliminary examination within 10 days." An examination of that opinion indicates that Irving was in custody due to the pending charges.