Trujillo

These two petitions challenge two different rulings upholding the San Francisco District Attorney’s office’s failure to recuse itself from prosecuting petitioner for attempted escape and assault. Applying the test and the principles stated in the California Supreme Court’s recent decision in People v. Conner (1983) 34 Cal.3d 141 [ 193 Cal.Rptr. 148 , 666 P.2d 5 ], we sustain the lower court’s rulings.

Petitioner is charged with attempted escape (Pen. Code, § 4532, subd. (b)), and assault with a deadly weapon and by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)). At the preliminary examination, Deputy District Attorney Hugh Levine testified that he had prosecuted petitioner during a murder trial ending October 15, 1982. On that date, after the jury returned its guilty verdict, petitioner bolted for the courtroom door. Mr. Levine ran after him and tackled him, bringing them both to the floor. In a violent struggle, Levine’s glasses were knocked off and his face clawed. Petitioner was strangling Levine with his own necktie when he was pulled off.

After the incident, Mr. Levine did not file a complaint or a witness report, but in…