LOVE v. SUPERIOR COURT

Docket No. 19586.

111 Cal.App.3d 367 (1980)

168 Cal. Rptr. 577

MICHAEL LYNN LOVE, Petitioner, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Third District.

October 27, 1980.


Attorney(s) appearing for the Case

COUNSEL

Kenneth M. Wells, Public Defender, and Michael G. Arkelian, Assistant Public Defender, for Petitioner.

No appearance for Respondent.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Eddie T. Keller and W. Scott Thorpe, Deputy Attorneys General, for Real Party in Interest.


OPINION

REYNOSO, J.

Petitioner Michael Lynn Love seeks a peremptory writ of mandate directing the respondent superior court to grant his motion to recuse the office of the District Attorney of Sacramento County in a pending criminal action. We grant the writ. We conclude that, under the circumstances of this case, recusal of the major crimes section of the district attorney's office, and not the entire office, is the appropriate remedy...

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