PEOPLE v. SUPERIOR COURT (SMITH)

Docket No. C000743.

190 Cal.App.3d 427 (1987)

235 Cal. Rptr. 482

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; BRYON R. SMITH, Real Party in Interest.

Court of Appeals of California, Third District.

March 19, 1987.


Attorney(s) appearing for the Case

COUNSEL

John A. Dougherty, District Attorney, and Douglas R. Benham, Deputy District Attorney, for Petitioner.

No appearance for Respondent.

Don L. Stockett for Real Party in Interest.


OPINION

BLEASE, Acting P.J.

This matter arises on an original petition for writ of mandate. The sole question concerns the statutory 30-day limitations period for peremptory challenge of the judge in a court with only one judge. Byron Smith, real party in interest, is charged in such a court with certain misdemeanors. He contends the period runs from the date of first appearance of the party or of his counsel. Petitioners, the People...

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