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Name: People v. Superior Court (Cooper)
Case #: H025229
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 12/18/2003
Subsequent History: Rehrg. den. 1/15/04

Unlike a relitigated motion to suppress to under Penal Code section 1538.5, a relitigated motion to suppress raised in the context of a motion to dismiss under Penal Code section 995 need not be heard by the judge who heard the original motion, and Penal Code section 1538.5, subdivision (p), does not bar the prosecution from exercising a peremptory challenge against the judge who granted the motion in the first instance. The court distinguished People v. Superior Court (Jimenez) (2002) 28 Cal.4th 798, noting the procedural differences between a 1538.5 motion and a 995 motion.