Sincavage

Petitioner Joseph Peter Sincavage seeks a writ to require the disqualification of Judge Barbara Zuniga. As explained hereafter we conclude that Judge Zuniga was disqualified under section 170.1, subdivision (a)(6)(C) of the Code of Civil Procedure.

Facts and Procedural History

On February 15, 1995, an information was filed charging petitioner with possession for sale and transportation of methamphetamine in violation of Health and Safety Code sections 11378 and 11379 and with felonious vehicular evasion of a peace officer in violation of Vehicle Code section 2800.2. The information also alleged prior robbery and attempted robbery convictions on February 10, 1982.

Prior to trial, the court granted petitioner’s motion to sever petitioner’s trial on the Health and Safety Code violations from his trial on the Vehicle Code violation. On April 13, 1995, petitioner appeared for trial pro se on the methamphetamine charges before Judge Zuniga. Over petitioner’s objection, the court granted the People’s motion to bifurcate a hearing on the priors. After the noon recess, Brian Haynes, the assistant district attorney appearing for the People, reported that he had reviewed a…