ALHUSAINY
ALHUSAINY v. Superior Court
Opinion
Opinion
Rylaarsdam, J.
Petitioner Abbas Alhusainy seeks an order allowing him to withdraw his guilty plea on the basis that he was not told of its direct consequences, specifically that the condition he remove himself from the state was unconstitutional. In addition, he claims the trial judge erred in striking his motion to disqualify her under Code of Civil Procedure section 170.1. He also requests withdrawal of an order he be held without bail.
As to the latter, we deny the petition for failure to brief the issue. However, withdrawal of the guilty plea is warranted: The condition requiring petitioner to leave the state was constitutionally improper, and the plea required him to commit another felony, i.e., flee the jurisdiction to avoid sentencing. Finally, although the motion to disqualify the trial judge was untimely, pursuant to Code of Civil Procedure section 170.1, subdivision (c), we direct that on remand the case be heard by another trial judge if petitioner so requests.
FACTS
In February 2002 petitioner was charged with four counts of domestic violence, including making a criminal threat (Pen. Code, § 422), felony child abuse (Pen. Code, § 273a, subd. (a)), and assault with a…