If by reason of absence from the district, death, sickness, or other disability, the judge before whom the defendant was tried is unable to perform the duties to be performed by the court after a verdict or finding, any other judge regularly sitting in or assigned to the court may perform those duties. If the substitute judge is satisfied that he cannot perform those duties because he did not preside at the trial, or for any other reason, he may, in his discretion, grant a new trial.

Annotation Substitution of judges is permitted so long as a justifiable reason for the substitution appears in the record. Substitution need not be required by an emergency or other situation beyond the control of the original judge to be justifiable. People v. Little, 813 P.2d 816 (Colo. App. 1991). Where the reason for substituting judges does not appear in the record, the case must be remanded for statement of the reason. The sentence will only be affirmed thereafter if the reason is one specified in the rule. If the reason is not one of those specified in the rule, the sentence will be vacated and the defendant will be resentenced by the original judge. People v. Little, 813 P.2d 816 (Colo. App. 1991). Case remanded to trial court for the judge who tried the case to explain on the record why he recused himself before sentencing. People v. Brewster, 240 P.3d 291 (Colo. App. 2009). Rule does not apply where conviction was the result of a guilty plea and not a trial and because a revocation hearing on a deferred judgment is not a trial. People v. Rivera-Bottzeck, 119 P.3d 546 (Colo. App. 2004). The requirement that the same judge impose sentence after a trial, except for justifiable reasons to substitute another judge, does not apply to resentencing proceedings. People v. Holwuttle, 155 P.3d 447 (Colo. App. 2006).