Torres v. Super. Ct.
Annotate this CaseAfter the Court of Appeal reversed the summary denial of her request for resentencing, Petitioner Elvira Torres sought on remand to peremptorily challenge the judge who had originally denied her request for resentencing, when he was again assigned to hear the request. Petitioner’s challenge was essentially denied as untimely, and she asked the Court of Appeal for a writ of mandate or prohibition. The Court found remand for further resentencing proceedings held pursuant to Penal Code section 1172.6 did not constitute remand for a “new trial” as contemplated by Code of Civil Procedure section 170.6(a)(2); thus, petitioner’s challenge to the trial judge pursuant to that section was properly denied as untimely.
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