Smith v. Mun. Court for the West Judicial Dist. of Contra Costa Cty.

On March 26, 1976, Municipal Court Judge Thomas P. Curtin of the West Judicial District, County of Contra Costa approved a plea bargain reducing to misdemeanors felony charges against William Smith of violating Penal Code section 273d (wife and child abuse) and Penal Code section 245, subdivision (a) (assault with a deadly weapon). After appellant’s guilty plea, Judge Curtin referred the matter to the probation department for a presentencing report, and continued the matter for sentencing to May 3, 1976. Pending sentencing, appellant was ordered not to have any contact with the victims of the crimes without their consent. On the date set for sentencing, appellant’s request for a continuance was granted in order to give him an opportunity to present evidence at a sentencing hearing, which was set for May 21, 1976.

On May 13, 1976, appellant filed an affidavit of prejudice, seeking to disqualify Judge Curtin pursuant to Code of Civil Procedure section 170.6. On the date set for sentencing, Judge Curtin denied appellant’s challenge as untimely. Appellant’s petition for writ of mandate was denied, We agree that the attempt to disqualify Judge Curtin was untimely.

The…