People v. Riva

Opinion

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 were in this case. (2) Does the requirement of Penal Code section 12022.53, subdivision (j) that “the existence of any fact…