Hernandez

—The People appeal from an order of the Municipal Court of the Pasadena Judicial District, County of Los Angeles, under Penal Code section 1424, recusing the office of the District Attorney of Los Angeles County and appointing the Attorney General of California to prosecute this felony case.

The defendant, Joe Robert Hernandez, is charged with assault with a deadly weapon upon one Allie Braverman (Pen. Code, § 245, subd. (a)(1)), with the additional allegation that the defendant intentionally inflicted great bodily injury on the victim in the commission of the offense. (§ 12022.7.) The district attorney’s office was recused on grounds that a conflict of interest exists, rendering it unlikely that Hernandez will be fairly prosecuted by the district attorney’s office, because Hernandez is the victim-witness in a preexisting case in the superior court, in which Braverman is the defendant, making it necessary for the district attorney’s office simultaneously to rely upon Hernandez as a witness in the first case and prosecute him in the second. The order of recusal was stayed pending this appeal.

The court acted within its discretion in recusing those deputy district…