People v. Superior Court

Opinion

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 at the first hearing if the judge is available.” (Pen. Code, § 1538.5, subd. (p); see Soil v. Superior Court (1997) 55 Cal.App.4th 872 [64 Cal.Rptr.2d 319].) We granted review…