P. v. Urias
Filed 7/31/06 P. v. Urias CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. JOSEPH MARK URIAS, Defendant and Appellant. | G035179 (Super. Ct. No. 04HF1198) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County,
Susanne S. Shaw, Judge. Reversed.
Jennevee H. De Guzman and Lynelle K. Hee, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Barry Carlton and Sharon L. Rhodes, Deputy Attorneys General, for Plaintiff and Respondent.
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Joseph Mark Urias was convicted of assault with force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)) and sentenced to three years formal probation with 270 days served in jail.[1] On appeal Urias contends that judicial misconduct, erroneous exclusion of evidence, and jury instructional error compel reversal of his conviction and a retrial before a different judge. We agree.
FACTS
Howard Woolf testified he and Urias shared an apartment for two and a half to three years. Their relationship was amicable until July of 2004, when they had a dispute about rent and Woolf moving out. After that, the roommates were not on speaking terms. Around 10:00 p.m., on August 2, 2004, Woolf came home to find Urias sitting on the couch. Urias gave Woolf â€
