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PERACCHI v. SUPERIOR COURT

No. F038251.

114 Cal.Rptr.2d 139 (2001)

94 Cal.App.4th 209

James PERACCHI, Petitioner, v. The SUPERIOR COURT of Fresno County, Respondent; The People, Real Party in Interest.

Court of Appeals of California, Fifth District.

Review Granted March 27, 2002.

Attorney(s) appearing for the Case

David A. Gottlieb, Fresno, for Petitioner.

No appearance for Respondent.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, J. Robert Jibson, Anthony L. Dicce and Janine R. Busch, Deputy Attorneys General, for Real Party in Interest.

OPINION

CORNELL, J.

Petitioner challenges the denial of his Code of Civil Procedure1 section 170.6, subdivision (2) motion to disqualify the trial judge following an appeal and remand for resentencing. We agree with petitioner that the trial court erred in denying the motion to disqualify the trial judge, and we will reverse.

PROCEDURAL SUMMARY

A jury convicted petitioner of one count of felony evading a peace...

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