People v. Rodriguez

Opinion

CUÉLLAR, J.

Criminal defendants routinely file motions at the outset of their cases to suppress the evidence against them. When a judge grants such a motion, the prosecution may decide to dismiss the case and refile charges. But if the prosecution does refile such charges, Penal Code section 1538.5, subdivision (p)1 provides that any suppression motion the defendant subsequently files must be heard by the “same judge” who granted the prior motion so long as that judge is “available.” The question before us is whether trial courts are vested with discretion to decide whether a judge is…