PEOPLE v. SUPERIOR COURT (MUDGE)

Docket No. B107385.

54 Cal.App.4th 407 (1997)

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SAN LUIS OBISPO COUNTY, Respondent; JOHN FREDERICK MUDGE, Real Party in Interest.

Court of Appeals of California, Second District, Division Six.

April 18, 1997.


Attorney(s) appearing for the Case

COUNSEL

Barry T. LaBarbera, District Attorney, for Petitioner.

Edward R. Jagels, District Attorney (Kern), as Amicus Curiae on behalf of Petitioner.

James B. Lindholm, Jr., County Counsel, and Ann Duggan, Deputy County Counsel, for Respondent.

Samuel T. Crump as Amicus Curiae on behalf of Respondent.

John Frederick Mudge, in pro. per., for Real Party in Interest.


OPINION

YEGAN, J.

Code of Civil Procedure section 170.65 subdivision (a), enacted in 1995, and recodified in 1996 provides: "A retired judge shall not hear and try any criminal cause when it is stipulated jointly by the prosecuting attorney and the defendant and his or her counsel, and submitted to the court as hereinafter provided, that the retired judge is not capable or qualified...

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