California Court of Appeal

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PEOPLE v. RIVA, b157868

Following a mistrial, a new judge assigned to the case may overrule the previous judge's pretrial ruling on the defendant's motion to suppress statements to the police on Miranda grounds. The failure to allege the enhancement with respect to every count on which the prosecution seeks to invoke it is not fatal so long as the defendant has fair notice of his potential punishment.

Appellate Information

  • Decided 10/22/2003
  • Published 10/22/2003


  • JOHNSON, Acting P.J.


  • California Court of Appeal


  • For Appellees:
  •  Emry J. Allen, under appointment by the Court of Appeal, Sacramento, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Scott A. Taryle and Carl N. Henry, Deputy Attorneys General, for Plaintiff and Respondent.
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