Reynolds
People v. Reynolds
Opinion
Opinion
Merrick, J.
On September 1, 1981, an 18-count complaint, containing 16 felony counts and 2 misdemeanor counts, was filed against defendant in Los Angeles Municipal Court. A preliminary hearing was commenced on these charges, and prior to completion of the hearing, a plea bargain was formulated between defense counsel and the deputy district attorney. Pursuant to that agreement, on December 17, 1981, in municipal court, defendant waived his right to preliminary hearing and pleaded guilty to four of the charged counts, the remaining fourteen counts to be dismissed on motion of the People after probation and sentencing hearing in superior court. After an information was filed in superior court similarly charging defendant, the district attorney and defense counsel respectively, filed motions in superior court to aggravate and mitigate the sentence imposed upon defendant.
On May 26, 1982, defendant filed an affidavit of prejudice pursuant to Code of Civil Procedure section 170.6 against Superior Court Judge Richard Kolostian. On June 4, 1982, it was ruled that the 170.6 affidavit had not been timely filed and it was not accepted by the court. On June 30, 1982, Judge Kolostian sentenced…