LEWIS v. SUPERIOR COURT

Docket No. G020147.

53 Cal.App.4th 1277 (1997)

STEVEN E. LEWIS, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Fourth District, Division Three.

March 28, 1997.


Attorney(s) appearing for the Case

COUNSEL

O'Neill, Lysaght & Sun, Brian A. Sun, Ellyn S. Garofalo, Greenberg, Glusker, Fields, Claman & Machtinger, Michael A. Greene and Roger L. Funk for Petitioner.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, and Gary W. Schons, Assistant Attorney General, Michael R. Capizzi, District Attorney, Brent F. Romney, Assistant District Attorney and E. Thomas Dunn, Jr., Deputy District Attorney, for Real Party in Interest.


OPINION

RYLAARSDAM, J.

The elected auditor-controller for the County of Orange, has petitioned to vacate the denial of a motion to recuse the Orange County District Attorney from prosecuting an accusation under Government Code section 3060, seeking to remove him from office. We hold there exists the appearance of a conflict so grave as to render it unlikely petitioner will receive fair treatment during the proceedings and order the...

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