Magana v. Superior Court of San Mateo Cnty.

Schulman, J.*

*845Defendant Eudoro Magana is charged with two counts of rape. After his trial date was continued four times, defendant's trial counsel, Daniel Everett, sought a fifth continuance, but failed to appear for the hearing on the motion, and the case was assigned out to trial. Everett then exercised a peremptory challenge ( Code Civ. Proc., § 170.6 )1 against the trial judge to whom the case was first assigned, resulting in its assignment to a second judge. Everett then sought to exercise a second peremptory challenge and, when that proved unsuccessful, filed a "motion for recussal [sic…