Paredes

In a criminal case, one of two defendants timely moved to disqualify the trial judge and the cause was reassigned. (Code Civ. Proc., § 170.6.) When the last day on which the case could be tried arrived and the prosecutor was unable to proceed, the case was dismissed (Pen. Code, §§ 1382, 1387), then refiled (Pen. Code, § 1387) and assigned to the same judge to whom it had been previously reassigned. The other defendant then moved to disqualify the judge, who denied the motion on the ground that the refiled action is a “continuation” of the dismissed action. We conclude otherwise.

Facts

In July 1998, a complaint was filed charging Anthony M. Halas with murder. Halas was held to answer, an information was filed (No. PA030591), and the case was assigned to the Honorable Ronald S. Coen. Halas pled not guilty. On October 8, Halas moved to disqualify Judge Coen (Code Civ. Proc., § 170.6) and the case was reassigned to the Honorable L. Jeffrey Wiatt. On October 9, a complaint was filed charging Kevin A. Paredes with the same murder charged against Halas. Paredes was held to answer, an information was filed (No. PA031243), and the case was assigned to Judge Wiatt. Paredes pled…