Hunter

*636 Opinion

After a jury trial, defendant was convicted of two counts of robbery. There is a finding of intentional infliction of great bodily injury with respect to the first count, and a finding that defendant used a firearm in the commission of both robberies. In this appeal, defendant contends: (1) the trial court erred in denying as untimely his motion to disqualify the trial judge pursuant to Code of Civil Procedure section 170.6; (2) the verdict is not supported by substantial evidence; (3) a pretrial process of photographic identification was impermissibly suggestive; and (4) he was erroneously denied his motion for a pretrial lineup identification. Although not specifically argued by defendant, there is a substantial question whether the evidence supports the use of firearm findings.

We conclude that defendant’s motion to disqualify the trial judge pursuant to Code of Civil Procedure section 170.6 was timely. Accordingly, we reverse the judgment.

Facts Relating to 170.6 Challenge

Defendant was charged in an information filed on December 3, 1975, and arraigned on December 31 in Department 101 of The Los Angeles Superior Court. Pretrial was set for January 23, 1976,…

I conclude (1) that rule 248 permits the master criminal calendar department to employ its direct calendaring system and (2) that neither rule 248 nor Code of Civil Procedure section 170.6 (hereinafter Section 170.6) precludes the trial department to which each case is initially assigned from serving as a surrogate master criminal calendar for purposes of requiring that affidavits of prejudice under Section 170.6 be immediately filed when notified that the matter is transferred or reassigned to another department for trial after consultations with the criminal court’s coordinator, so long as defendants are personally present and adequate and proper notice of that requirement is given to the criminal bar at large.

However, in the case at bench, defendant Hunter was not personally present in department 101 when Judge William A. Drake announced that the case had been transferred to department 125 (Judge William B. Keene presiding). He (defendant Hunter) therefore cannot be charged with untimeliness for failure to immediately file his affidavit in department 101 since he did not personally have an opportunity to exercise his challenge at that time.

I conclude, however, that…

After a jury trial, defendant was convicted of two counts of robbery. There is a finding of intentional infliction of great bodily injury with respect to the first count, and a finding that defendant used a firearm in the commission of both robberies. In this appeal, defendant contends: (1) the trial court erred in denying as untimely his motion to disqualify the trial judge pursuant to Code of Civil Procedure section 170.6; (2) the verdict is not supported by substantial evidence; (3) a pretrial process of photographic identification was impermissibly suggestive; and (4) he was erroneously denied his motion for a pretrial lineup identification. Although not specifically argued by defendant, there is a substantial question whether the evidence supports the use of firearm findings.

(1) We conclude that defendant's motion to disqualify the trial judge pursuant to Code of Civil Procedure section 170.6 was timely. Accordingly, we reverse the judgment. [1]

Defendant was charged in an information filed on December 3, 1975, and arraigned on December 31 in Department 101 of the Los Angeles Superior Court. Pretrial was set for January 23, 1976, and trial for…