In re Jenkins

J.Petitioner, Eddie James Jenkins, seeks a writ of habeas corpus on the ground that he was denied effective assistance of counsel because his trial attdmey failed to review the case file and discover that a Code of Civil Procedure section 170.6 peremptory challenge had previously been filed against the trial judge who ultimately tried the case. Because we conclude that the judgment is void, we grant the petition and direct the trial court to conduct a new trial.

*1164 Facts

Petitioner was charged with second degree commercial-burglary (Pen. Code, § 459) and receiving stolen property (Pen. Code, § 496, subd. (a)). Additionally, it was alleged that he had suffered six prior convictions each of which qualify as “strikes” pursuant to Penal Code section 1170.12, subdivisions (a) through (d). The alternate public defender’s office was appointed to represent petitioner at his arraignment in the superior court. Cheryl Lacour of that office appeared on behalf of petitioner.

On April 3, 1998, the matter was called for trial in department South E, presided over by Judge Richard Romero, and was then transferred to department South K, presided over by Judge Charles D. Sheldon. On…