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Name: Robles v. Superior Court
Case #: B165126
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 07/31/2003
Subsequent History: 5/14/03: Revw. granted & case transferred to COA to vacate orders denying mandate & issue alternative writ. Tr.crt. proceedings stayed pending COA action on writ.
Summary

The defendant tried to disqualify the judge assigned after the parties had entered into a genuine stipulation under Penal Code section 1387.2, that in lieu of a required dismissal (for failure to bring to trial within 60 days) and permitted refiling, the parties agreed to proceed on the existing accusatory pleading with the action deemed to have previously terminated under section 1387. Under these circumstances, there was only one case for purposes of making a Code of Civil Procedure section 170.6 challenge, and thus the motion was untimely.