Bridges

On February 19, 1981, appellant pled guilty before Judge Francis W. Halley to conspiracy to sell cocaine (count I, Pen. Code, § 182), sale of cocaine (counts II through IV, Health & Saf. Code, § 11352), transportation of cocaine (count V, Health & Saf. Code, § 11352) and possession for sale of marijuana (count VI, Health & Saf. Code, § 11359). Appellant’s codefendant in counts I through IV was one Christopher James Solario. On March 17, 1981, Judge Frank S. Pierson sentenced appellant to prison for concurrent four-year middle base terms on counts II, III, IV and V, plus concurrent two-year terms as to counts I and VI. Execution of the terms on counts I and V was stayed.

On or about May 1, 1981, appellant’s present counsel filed a notice of motion to recall sentence and/or in the alternative for writ of habeas corpus, with an accompanying declaration by appellant’s former counsel and supporting exhibits and points and authorities.

The gist of the declaration was that sometime after the March 17, 1981, sentencing hearing appellant’s former counsel learned that Judge Pierson had disqualified himself in the case at an earlier stage of the proceedings, that Judge Pierson had…