Guiney v. Superior Court CA3
By way of a petition for writ of mandate or prohibition, petitioner Paul Thomas Guiney challenges an order of respondent Superior Court of San Joaquin County denying his Code of Civil Procedure section 170.6 peremptory challenge to Judge Philip Urie.
Petitioner is presently charged with one misdemeanor count of public intoxication. (Pen. Code, § 647, subd. (f).) He was arraigned on the complaint in July 2016, and over the ensuing five months made numerous appearances before Judge Urie as the pretrial proceedings progressed.
In December 2016 petitioner asserted a peremptory challenge to Judge Urie. Judge Urie denied the motion as untimely, deeming it a belated challenge to his all purpose assignment. Successive writs to the appellate division of respondent court and to this court proved unsuccessful. Petitioner then sought relief in the Supreme Court, which granted the petition and transferred the matter to this court with directions that we vacate our order denying the petiti
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