Barrett
Barrett v. Superior Court
Opinion
Lead Opinion
Scotland, J.
—Petitioner James Scott Barrett seeks a writ of mandate directing respondent Yolo County Superior Court to vacate its order disallowing a peremptory challenge (Code Civ. Proc., § 170.6) to the Honorable Timothy L. Fall. (Further section references are to the Code of Civil Procedure unless specified otherwise.) Petitioner contends, and the People concede, Judge Fall erred in denying the challenge on the ground that it was untimely because Judge Fall had presided at petitioner’s preliminary hearing. We shall issue a peremptory writ of mandate.
Background
Petitioner was charged with vehicular manslaughter (Pen. Code, § 191.5, subd. (a)) and driving under the influence of alcohol (DUI) causing injury with two or more prior violations of Vehicle Code section 23152, subdivision (a) (Veh. Code, §§ 23153, subds. (a), (b), 23190, subd. (a)). The complaint further alleged that petitioner inflicted great bodily injury upon four victims within the meaning of Penal Code section 12022.7, subdivision (a) and proximately caused bodily injury to multiple victims (Veh. Code, former § 23182).
*4 On January 21 and 22, 1998, a preliminary hearing was conducted before Judge Fall. The People…