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IN RE WAGNER

No. G031641.

25 Cal.Rptr.3d 201 (2005)

127 Cal.App.4th 138

In re Bryan WAGNER on Habeas Corpus.

Court of Appeals of California, Fourth District, Division Three.

Rehearing Denied March 18, 2005.

Attorney(s) appearing for the Case

Steven H. Hertz, Costa Mesa, for Petitioner.

Benton, Orr, Duval & Buckingham and Brenda L. McCormick, Ventura, for Pamela Lee Iles.

OPINION

RYLAARSDAM, Acting P.J.

We grant the petition of Bryan Wagner for a writ of habeas corpus after his incarceration for an alleged violation of a condition of his probation. The trial judge failed to provide petitioner with required due process protections. We also order that, if petitioner so requests, the case be assigned to another judge to determine whether he violated the conditions of his probation and for further proceedings in a manner provided...

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