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Name: People v. Rich
Case #: E031387
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 05/28/2003
Subsequent History: Rhg. den. 6/16/03
Summary

A criminal case was assigned by the Judicial Council to San Bernandino County after all the judges in Riverside County, where the case arose, recused themselves (the defendant was the son of a retired Riverside County judge). In this appeal, the court concluded that the court’s earlier appellate decision in a mandate proceeding permitting venue in San Bernandino was law of the case and precluded an appeal challenging the venue. Defendant had waived the issue by failing to object upon the filing of the first information. Moreover, San Bernandino County had jurisdiction in the fundamental sense; since all judges in Riverside County had been recused, it would have been an idle act to retransfer the matter back to that county.