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PACKER v. SUPERIOR COURT

No. B245923.

219 Cal.App.4th 226 (2013)

161 Cal. Rptr. 3d 595

JOSHUA GRAHAM PACKER, Petitioner, v. THE SUPERIOR COURT OF VENTURA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Second Dist., Div. Six.

August 29, 2013.

Attorney(s) appearing for the Case

Stephen P. Lipson , Public Defender, and Michael C. McMahon , Chief Deputy Public Defender, for Petitioner.

No appearance for Respondent.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Lance E. Winters , Assistant Attorney General, Steven D. Matthews and Zee Rodriguez , Deputy Attorneys General; Gregory D. Totten , District Attorney, and Michelle J. Contois , Deputy District Attorney, for Real Party in Interest.

OPINION

HOFFSTADT, J.* —

A criminal defendant seeking to disqualify a prosecutor is not entitled to an evidentiary hearing unless, at a minimum, he makes a prima facie showing that recusal is warranted and does so using only signed affidavits containing competent evidence. (Pen. Code, § 1424, subd. (a)(1)); Spaccia v. Superior Court (2012...

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