People v. Montalvo

Opinion

WOODS, J.

Defendant has appealed from his conviction, following trial by jury, of violations of Penal Code sections 664 and 211, attempted robbery, and section 211, robbery. The jury found true the allegation that defendant had used a dangerous weapon in the commission of both offenses.

I

Appellant contends that the court erred in denying his motion, pursuant to Code of Civil Procedure section 170.6, to disqualify the trial judge. We agree and reject the trial court’s conclusion that appellant’s motion was untimely.

Appellant was arraigned in July 1979, at which time he entered a plea of…