Hall

Defendant was convicted by a jury on a charge of violating section 11350 of the Health and Safety Code (possession of *755 heroin) and section 148 of the Penal Code (resisting and obstructing a peace officer). Following institution of proceedings pursuant to section 3051 of the Welfare and Institutions Code, defendant was found to be a narcotic addict and ordered committed to the California Rehabilitation Center for the term prescribed by law. On appeal from the order of commitment, 1 defendant raises several claims of reversible error. Our resolution of the first of such claims requiring reversal is dispositive of this appeal.

Defendant claims that his affidavit of prejudice seeking to disqualify the trial judge was timely filed and erroneously denied; accordingly, he argues, the trial judge was deprived of any further jurisdiction other than to grant the disqualification motion and recuse himself. (Code Civ. Proc., § 170.6, subd. (3); see Solberg v. Superior Court (1977) 19 Cal.2d 182 , 190 [ 137 Cal.Rptr. 460 , 561 P.2d 1148 ]; McCartney v. Commission on Judicial Qualifications (1974) 12 Cal.3d 512, 531-532 [ 116 Cal.Rptr. 260 , 526 P.2d 268 ].)

Factual…