PEOPLE v. SUPERIOR COURT

No. B148656.

108 Cal.Rptr.2d 764 (2001)

90 Cal.App.4th 267

The PEOPLE, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; Rodrigo Alberto Jimenez, Real Party in Interest.

Court of Appeals of California, Second District, Division One.

Review Granted October 10, 2001.


Attorney(s) appearing for the Case

Steve Cooley, District Attorney, George M. Palmer, Head Deputy District Attorney, and Brent Riggs, Deputy District Attorney, for Petitioner.

Michael P. Judge, Public Defender, Judith Greenberg, Mark Harvis and John Hamilton Scott, Deputy Public Defenders, for Real Party in Interest.

No appearance for Respondent.


MIRIAM A. VOGEL, J.

When a defendant's motion to suppress evidence has been granted and the action against him dismissed and then refiled, the defendant's subsequent motion to suppress evidence "shall be heard by the same judge who granted the motion at the first hearing if the judge is available." (Pen. Code, § 1538.5, subd. (p).) The question in this case is this: If a peremptory challenge is filed in the second...

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