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BRIGGS v. SUPERIOR COURT

No. B145442.

104 Cal.Rptr.2d 445 (2001)

87 Cal.App.4th 312

Gary BRIGGS, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; The People, Real Party in Interest.

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

February 15, 2001.

Attorney(s) appearing for the Case

Michael P. Judge, Public Defender, Michael Suzuki and John Hamilton Scott, Deputy Public Defenders, for Petitioner.

No appearance for Respondent.

Steve Cooley, District Attorney, Brentford J. Ferreira and Phyllis C. Asayama, Deputy District Attorneys, for Real Party in Interest.

CHARLES S. VOGEL, P.J.

INTRODUCTION

In a proceeding to commit Gary Briggs as a sexually violent predator pursuant to Welfare and Institutions Code section 6600 et seq, the People filed an affidavit of prejudice under Code of Civil Procedure section 170.6 to disqualify Judge Harold E. Shabo. The affidavit was not timely filed, because Judge Shabo had already conducted hearings on Briggs's motion to exclude evidence. Nevertheless, Judge Shabo purported to...

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