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Name: People v. Superior Court (Jimenez)
Case #: S099542
Court: CA Supreme Court
District CalSup
Opinion Date: 08/01/2002
Subsequent History: Rehg. denied 9/18/02.

After a felony case has been dismissed for insufficient evidence because a motion to suppress evidence has been granted by a magistrate or court, the People may refile the case and relitigate the suppression motion , but it must be heard by the same judege who granted the motion at the first hearing. The People may not render that judge “unavailable” to rehear the suppression motion with a peremptory challenge under Code of Civil Procedure section 170.6. Moreover, a party may file a writ of mandate in the superior court challenging the validity of the peremptory challenge.