Jenan

People v. Jenan

Good Law
140 Cal. App. 4th 782·2006 Cal. App. LEXIS 906·2006 Daily Journal DAR 7818·44 Cal. Rptr. 3d 771·2006 Cal. Daily Op. Serv. 5392
Court of Appeal of CaliforniaJune 20, 2006F048121California1,595 words

Opinion

Opinion

Gomes, J.

The sole question before us, pursuant to statutory authorization of appeals “on questions of law alone” from orders recusing the district attorney, is whether the court’s order recusing the entire district attorney’s office was an abuse of discretion. (Pen. Code, §§ 1235, subd. (a), 1424, subd. (a)(1), (a)(2). ) We will answer that question in the negative and will affirm the order.

PROCEDURAL HISTORY

On December 9, 2004, the district attorney’s office filed a complaint that, inter alia, charged that Alan Dale Jenan (Alan) and Roger Lewis Jenan (Roger) knowingly and maliciously attempted to dissuade Eric Grant, a district attorney’s investigator, from attending or testifying at a prior criminal proceeding pending against the Jenans (§ 136.1, subd. (b)(2)), willfully threatened to take his property by civil legal process on the basis of assistance or information he provided for that proceeding (§ 140, subd. (a)), and committed those crimes while on bail or own recognizance release (§ 12022.1, subd. (b)).

On April 1, 2005, Roger filed a motion to recuse the entire district attorney’s office or, alternatively, to recuse David Alavezos, a deputy district attorney who…

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