Fraijo

Petitioner, charged in two separate informations with two counts of burglary (Superior Court of Los Angeles County file) (case No. A 514954), and two counts of violation of section 11501 of the Health and Safety Code and two counts of violation of Health and Safety Code section 11503 (case No. A 513381), seeks prohibition to prevent August J. Goebel from presiding at his trial, asserting he has filed a timely motion pursuant to Code of Civil Procedure section 170.6 (hereinafter referred to as section 170.6) to disqualify Judge Goebel.

Petitioner was arraigned in case No. A514954 on October 17, 1972, before Judge Goebel pursuant to case assignment procedures that were in force in the East Branch of the Los Angeles County Superior Court, which procedures do not appear to involve a so-called “Master Calendar Court” (see Sambrano v. Superior Court (1973) 31 Cal.App.3d 416 [ 107 Cal.Rptr. 274 ]), and pleaded not guilty.

Thereafter, on the same day in a pretrial conference a plea bargain was negotiated with tentative approval of the court and the case was on Judge Goebel’s calendar for plea and disposition on January 8, 1973.

On November 30, 1972, defendant was arraigned…

I concur in the holding of the majority that the filing of the motion and declaration of prejudice was timely. However, I would deny the petition on the grounds that the supporting affidavit filed by the defendant is insufficient for reasons that will be discussed infra.

The majority opinion, which is filed today, is substantially identical with the opinion originally filed by this court on June 19, 1973. Subsequent to the filing of that original opinion we granted a rehearing and invited the *226 parties to present points and authorities on the constitutionality of Code of Civil Procedure section 170.6. Briefs have been received from the superior court and from the petitioner.

Petitioner advised that a plea of guilty has been entered in the superior court and contends that the matter is moot and should be dismissed. I disagree. “[I]f a pending case poses an issue of broad public interest that is likely to recur, the court may exercise an inherent discretion to resolve that issue even though an event occurring during its pendency would normally render the matter moot.” (In re William M., 3 Cal.3d 16, at p. 23 [ 89 Cal.Rptr. 33 , 473 P.2d 737 ].)

I assume that the majority in…

No appearance for Real Party in Interest.

OPINION

ROTH, P.J.

Petitioner, charged in two separate informations with two counts of burglary (Superior Court of Los Angeles County file) (case No. A 514954), and two counts of violation of section 11501 of the Health and Safety Code and two counts of violation of Health and Safety Code section 11503 (case No. A 513381), seeks prohibition to prevent August J. Goebel from presiding at his trial, asserting he has filed a timely motion pursuant to Code of Civil Procedure section 170.6 (hereinafter referred to as section 170.6) to disqualify Judge Goebel.

Petitioner was arraigned in case No. A514954 on October 17, 1972, before Judge Goebel pursuant to case assignment procedures that were in force in the East Branch of the Los Angeles County Superior Court, which procedures do not appear to involve a so-called "Master Calendar Court" (see Sambrano v. Superior Court (1973) 31 Cal. App.3d 416 [ 107 Cal. Rptr. 274 ]), and pleaded not guilty.

Thereafter, on the same day in a pretrial conference a plea bargain was negotiated with tentative approval of the court and the case was on Judge Goebel's calendar for plea and disposition on January 8,…