In Re Hancock

Opinion

BROWN (Gerald), P. J.

In this proceeding in habeas corpus, Jerry Wayne Hancock claims his sentencing lacks the appearance of fairness and seeks to be resentenced by a judge whose impartiality and fairness toward him cannot reasonably be questioned. We conclude such relief should be afforded.

The facts are not in dispute. Hancock had pleaded guilty to one count of first degree burglary and was awaiting sentencing when the following events occurred:

The deputy district attorney assigned to the case learned which judge had been assigned to sentence Hancock and became concerned since he…