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Name: Peracchi v. Superior Court (People)
Case #: S103681
Court: CA Supreme Court
District CalSup
Opinion Date: 06/23/2003
Subsequent History: None

Code of Civil Procedure section 170.6, subdivision (2) does not permit a challenge to a trial court judge following remand after appeal, if the sole task left for the trial court is to resentence the defendant. The statute requires assignment to the judge for a “new trial” and resentencing is not such a proceeding.