People v. Superior Court CA4/2

INTRODUCTION

The People (petitioner) seeks a writ of mandate compelling the superior court to

vacate its order denying as untimely petitioner’s motion to disqualify Judge Joni Sinclair

under Code of Civil Procedure section 170.61 and to enter a new order granting the

motion. Because it appears to this court that the motion was timely filed, we direct the

superior court to grant the motion.

FACTS

On February 28, 2022,2 petitioner filed a felony complaint charging real party in

interest, Christopher Pedro Bernal, with two counts of first degree burglary (Pen. Code,

§ 459) and one count of grand theft (Pen. Code, § 487, subd. (a)), and alleging that he has

two “strike” priors (Pen. Code, §§ 1170.12, subds. (a)-(d) & 667, subds. (b)-(i)) and two

serious felony priors (Pen. Code, § 667, subd. (a)(1)).

The pre-preliminary hearing was set before Judge Joseph Widman on March 8,

and at Bernal’s request was continued first to April 6, then to May 16 (all before Judge

Widman), then to June 13.

Beginning June 13, each appearance was before Judge Sinclair. Bernal requested

a continuance to July 12. On July 12, Bernal was not present because he was in custody

and in quarantine.…