Bonds

People v. Bonds

Good Law
1988 Cal. App. LEXIS 395·200 Cal. App. 3d 1018·248 Cal. Rptr. 5
Court of Appeal of CaliforniaApril 28, 1988A033484California2,570 words

Opinion

Opinion

Merrill, J.

Christopher Bonds and Douglas Stanford appeal from judgments entered against them on jury convictions for drug-related felonies. Because of error on the part of the trial judge in improperly denying the appellants’ peremptory challenge under Code of Civil Procedure section 170.6, we have concluded that the judgment must be reversed.

On May 17, 1985, the Alameda County District Attorney filed an information charging appellants Bonds and Stanford in the first count with a violation of Health and Safety Code section 11352, selling cocaine. Bonds was further charged with an enhancement pursuant to Penal Code section 12022.1 of having committed the offense while released from custody on bail pending trial for an earlier felony offense. In addition, Bonds was charged in the second count of the information, as amended, with a violation of section 11351 of the Health and Safety Code, possession of cocaine for sale.

On October 11, 1985, appellants’ case was assigned from the Master Calendar Department of the Alameda County Superior Court to Department Six, the department in which Judge Richard A. Haugner regularly presided. In assigning the case the judge supervising the master…

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