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PEOPLE v. SUPERIOR COURT

No. S099542.

123 Cal.Rptr.2d 31 (2002)

28 Cal.4th 798

50 P.3d 743

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

Supreme Court of California.

Rehearing Denied September 18, 2002.

Attorney(s) appearing for the Case

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

No appearance for Respondent.

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

Steven J. Carroll, Public Defender (San Diego) and Matthew C. Braner, Deputy Public Defender, for San Diego Public Defenders Office as Amicus Curiae on behalf of Real Party in Interest.

CHIN, J.

The Legislature has provided that when a felony case is dismissed because a magistrate or court granted a motion to suppress evidence, making the evidence insufficient, the prosecution may refile the case and relitigate the suppression motion. (Pen.Code, § 1538.5, subd. (j).) However, the Legislature has also provided that the relitigated motion "shall be heard by the same judge who granted the motion...

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