Fuller

Rotonda Lanique Fuller challenges the superior court’s handling of, and denial of, her petition for writ of habeas corpus after the same judge, acting as a magistrate, denied her motion to dismiss a misdemeanor complaint for loitering. We conclude that the practice of assigning a habeas corpus petition on a misdemeanor complaint to the same judge who has denied a motion to dismiss is improper. The petition is granted.

FACTUAL AND PROCEDURAL SUMMARY

Petitioner was charged with misdemeanor loitering with intent to commit prostitution, a violation of Penal Code section 653.22, subdivision (a) (all further statutory references are to the Penal Code unless otherwise indicated). The police report stated that Downey Police Officers Pellerin and Brown were on patrol in April 2004, focusing on prostitution activity in the area of Long Beach Boulevard and Missouri Avenue. Officer Pellerin observed petitioner walking eastbound on Missouri Avenue in front of the La Siesta Motel with a man later identified as Victor Alvarez. Although the temperature was in the mid-50’s, and other people in the area were wearing jackets, petitioner was wearing a low-cut shirt exposing a large portion…