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PEOPLE v. RIVA

No. B157868.

5 Cal.Rptr.3d 649 (2003)

112 Cal.App.4th 981

The PEOPLE, Plaintiff and Respondent, v. Robbie James RIVA, Defendant and Appellant.

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

Review Denied February 4, 2004.

Attorney(s) appearing for the Case

Emry J. Allen, under appointment by the Court of Appeal, Sacramento, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Scott A. Taryle and Carl N. Henry, Deputy Attorneys General, for Plaintiff and Respondent.

JOHNSON, Acting P.J.

This appeal raises two issues of first impression. (1) Following a mistrial in a criminal case, may a new judge assigned to the case overrule the previous judge's pretrial ruling on the defendant's motion to suppress statements to the police on Miranda grounds? We conclude that although the practice should not be encouraged, the new judge can overrule the previous judge's order so long as certain due process requirements are met as they...

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