Jenkins

In this appeal of a conviction for robbery and assault with a deadly weapon, appellant Daniel Steven Jenkins raises several issues arising from the much-publicized ambush killing of a prosecution witness, the police investigating officer, during the jury deliberations. He contends that: (1) the trial court should have questioned the jurors individually regarding the effect on them of their knowledge of the killing; (2) his motion to disqualify the trial court judge should have been granted; and (3) it was error to deny his motion to recuse the entire branch office of the district attorney.

In addition, appellant argues that his sentence for both robbery and assault with a deadly weapon violates the double punishment proscription of Penal Code section 654; the trial court erred in failing to instruct on which act of shooting constituted the violation of section 245, subdivision (a); and the prosecutor committed prejudicial misconduct in her final argument to the jury.

Appellant has also filed a petition for writ of habeas corpus which contains facts regarding his first issue on appeal. We previously deferred consideration of the petition pending determination of the…