People v. Lee

Defendant Jerrell Jerome Lee appeals from the judgment following a jury trial in which he was found guilty of one count of first degree murder. We reverse.

Facts and Proceedings Below

When this case was assigned for trial from the master calendar court, defense counsel left the courtroom without filing a peremptory challenge to the trial judge under Code of Civil Procedure section 170.6 (section 170.6). Counsel returned to the master calendar court a short time later and attempted to file the challenge. He explained initially he had understood the matter was not being assigned for trial but only for a hearing on pending motions. The master calendar court ruled its trial assignment was clear and the challenge was untimely.

The evidence at trial showed Tyrone (Rabbit) Haywood was shot in the back of the head at point blank range while he squatted on the ground shooting dice with two friends. The jury convicted fellow gang member, Jerrell (Midnight) Lee, principally on the strength of a statement to police by another member of the gang, Reynard (Don Juan) Saxon, identifying defendant as the killer. Although Saxon recanted his statement the next day and testified at trial…