California Court of Appeal
BARNES v. SUPERIOR COURT OF LOS ANGELES COUNTY(PEOPLE), B152112
A judge, who granted defendant's first motion to suppress evidence but who has been disqualified pursuant to Code of Civil Procedure section 170.6, may nevertheless hear a subsequent suppression motion under the provisions of Penal Code section 1538.5(p), and disqualification pursuant to section 170.6 does not make a judge unavailable to hear a subsequent motion to suppress evidence.
- Decided 02/28/2002
- Published 02/28/2002
- CROSKEY, J.
- California Court of Appeal
- For Appellant:
- Michael P. Judge, Public Defender, Beatrice Ingram, Mark Harvis and John Hamilton Scott, Deputy Public Defenders, for Petitioner., Steve Cooley, District Attorney, Patrick D. Moran and Brentford J. Ferreira, Deputy District Attorneys, for Real Party in Interest.
- For Appellees:
- No appearance for Respondent.