Bryant

Following a finding that defendant was unfit to be dealt with by the juvenile court (Welf. & Inst. Code, § 707), he was charged in adult superior court with murder (Pen. Code, § 187). There, he unsuccessfully moved to have the trial judge recuse himself from presiding over further criminal proceedings on the ground that the judge, the Honorable James Kleaver, had also conducted the fitness hearing. Defendant then agreed to submit the matter on the transcript of the preliminary examination with the understanding that he would be found guilty of voluntary manslaughter (Pen. Code, § 192). He was thereafter so convicted and sentenced to state prison for the middle term of six years.

On appeal he contends the trial court erred when it denied his motion for disqualification or recusal. We disagree and shall affirm the judgment.

The motion for the trial court to recuse itself was, in its entirety, as follows:

“Mr. Knoll: The other matter is, I believe I brought this up at the fitness hearing. I did a little bit of research on it last week. It appears to me there is some question as to whether the trier of fact who hears the fitness hearing can actually sit on the—I don’t know…