Jarvis

Defendant appeals from the judgment of conviction entered upon plea of guilty to issuing checks without sufficient funds with intent to defraud. (Pen. Code, § 476.) Defendant contends the court erred in denying her motion, pursuant to Code of Civil Procedure section 170.6, to disqualify the sentencing judge. Defendant also contends the court erred in sentencing her to the state prison. We shall affirm.

The procedural history of the case demonstrates that defendant’s disqualification motion was untimely. On April 15, 1981, then Municipal Court Judge Tochterman, sitting as a magistrate, accepted defendant’s plea to a felony charge of issuing checks without sufficient funds with intent to defraud on condition that defendant not be sentenced to the state prison. The magistrate dismissed three counts alleging the commission of the same offense and certified the case to the superior court.

On June 1, 1981, Superior Court Judge Diaz rejected the plea bargain and remanded the matter back to the municipal court.

On August 17, 1981, Municipal Court Judge Fields, sitting as a magistrate, accepted defendant’s plea of guilty to the same felony count as before, but without the…