What is the effect of using a sheriff's report to determine a judge's disqualification?

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Notes:

^1. All further statutory references are to the Penal Code unless otherwise indicated.

^2. People v. Marsden (1970) 2 Cal.3d 118 (Marsden)

^3. The parties stipulated that the sheriff's report provided the factual basis for the guilty plea, and our statement of facts is therefore based on the sheriff's report.

^4. Defendant's counsel later stated she had sent an investigator to speak with defendant.

^5. "The determination of the question of the disqualification of a judge is not an appealable order and may be reviewed only by a writ of mandate from the appropriate court of appeal sought only by parties to the proceeding." (Code Civ. Proc., 170.3, subd. (d).)

^6. We express no opinion as to the propriety of such local practice.

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Notes:

^1. All further statutory references are to the Penal Code unless otherwise indicated.

^2. People v. Marsden (1970) 2 Cal.3d 118 (Marsden)