People v. Brusaw

Summary

The court held that a statutory motion for automatic substitution of judge is subject to the common-law rule that an unruled-upon motion is presumed abandoned or waived. Because Brusaw and his attorney repeatedly failed to obtain a ruling and proceeded before the challenged judge, he could not raise the substitution issue on appeal. The court nevertheless vacated the extended-term sentence for the lesser-class felony and remanded for imposition of the maximum nonextended three-year sentence, while affirming the other sentence.