People v. Baines

In People v. Baines (1981) 30 Cal.3d 143, a defendant accused of a nighttime robbery requested a pretrial lineup approximately 90 days after the incident and 60 days after the preliminary hearing. The robbery occurred at the end of December and defendant was appointed counsel a few days later. The preliminary hearing was held January 30, defendant was arraigned on February 13, and trial was scheduled for March 30. On March 15 defendant moved for a pretrial lineup and the motion was denied. The high court found no abuse of discretion in denying the motion as untimely. ( Id. at p. 149.) It noted that defendant failed to explain why he had not made his motion to a magistrate prior to his arraignment. ( Id. at p. 148.)