People v. Rodriguez

377 P.3d 832, 1 Cal. 5th 676, 206 Cal. Rptr. 3d 588, 2016 Cal. LEXIS 6975
CourtCalifornia Supreme Court
DecidedAugust 22, 2016
DocketS223129
StatusPublished
Cited by38 cases

This text of 377 P.3d 832 (People v. Rodriguez) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Rodriguez, 377 P.3d 832, 1 Cal. 5th 676, 206 Cal. Rptr. 3d 588, 2016 Cal. LEXIS 6975 (Cal. 2016).

Opinions

Opinion

CUÉLLAR, J.

Criminal defendants routinely file motions at the outset of their cases to suppress the evidence against them. When a judge grants such a motion, the prosecution may decide to dismiss the case and refile charges. But if the prosecution does refile such charges, Penal Code section 1538.5, subdivision (p)1 provides that any suppression motion the defendant subsequently files must be heard by the “same judge” who granted the prior motion so long as that judge is “available.” The question before us is whether trial courts are vested with discretion to decide whether a judge is available under section 1538.5(p), and if so, what limitations constrain that discretion.

What we hold is that although trial courts possess broad discretion to distribute business within their courts and make determinations concerning the availability of judges, that discretion must be exercised in a manner consistent with constraints imposed by section 1538.5(p). In light of the statute’s text, as well as its purpose of prohibiting prosecutorial forum shopping, the trial court’s discretion should be exercised in accordance with the following understanding: A judge may be found unavailable for purposes of section 1538.5(p) only if the trial court, acting in good faith and taking reasonable steps, cannot arrange for that judge to hear the motion. The trial court must make its finding of unavailability on the record.

Because the trial court below did not take reasonable measures to ensure compliance with section 1538.5(p), we find an abuse of discretion. And because the resulting error was prejudicial, we reverse the judgment of the Court of Appeal and remand the case with directions that the Court of Appeal instruct the trial court to determine on the record whether the relevant judge is now available.

I. Background

On Lebruary 24, 2010, the People filed a complaint in Santa Clara County Superior Court charging defendant Adam Sergio Rodriguez with one count of [680]*680possession of child pornography (§ 311.11, subd. (a)) and one count of misdemeanor marijuana possession (Health & Saf. Code, § 11357, subd. (c)). On September 1, 2010, Rodriguez moved under Penal Code section 1538.5(a) to suppress all evidence seized from his desktop computer, arguing that this evidence was obtained after police had entered Rodriguez’s home without a warrant or proper consent. Judge Diane Northway, sitting as a magistrate, denied this motion and held Rodriguez to answer.

Rodriguez filed a renewed suppression motion in superior court on January 3, 2011, pursuant to section 1538.5(i), which permits a defendant who “was held to answer at the preliminary hearing” to “renew or make the motion [to suppress] at a special hearing relating to the validity of the search or seizure.” Judge Vincent Chiarello granted the renewed motion on May 2, 2011, finding that statements made by police outside Rodriguez’s home rendered any consent to search the premises involuntary. The suppressed evidence included images and video footage of child pornography obtained from Rodriguez’s desktop computer. Also inadmissible was a subsequent search warrant—a fruit of the initial encounter—that resulted in further forensic analysis of Rodriguez’s computer, as well as statements he made to police during the execution of that search warrant. The case was dismissed at the People’s request.

The People then filed a new complaint on July 11, 2011, alleging the same offenses. Rodriguez filed a motion to suppress, contending that the “Proper Venue for This Motion” was before Judge Chiarello pursuant to section 1538.5(p) because Judge Chiarello was the “same judge” who had granted Rodriguez’s previous motion. In conjunction with his suppression motion, Rodriguez also filed a “Request For Calendar Setting,” which asked that the motion be assigned to Judge Chiarello.

The People opposed assignment to Judge Chiarello. In a hearing before Presiding Judge Jerome Nadler, in San Jose, the court denied Rodriguez’s request to have Judge Chiarello hear this latest suppression motion. The court explained its decision thus: “Well, counsel, I don’t agree with your interpretation that it needs to go back to Judge Chiarello by law. Furthermore, Judge Chiarello is not available to me any longer; he’s been transferred to another division, in Palo Alto.” Judge Nadler continued: “And judges are—mine is a limited jurisdiction Court—I hate to say it—and so departments make themselves available when they’re available to me, with the exception of Department 54, who’s Judge Del Pozzo, who’s assigned full time to my division, or to take Preliminary Examination matters. Everyone else volunteers for that assignment on an availability basis. [¶] So I’m not sure who’s going to be available on October 27th at 8:32 when this matter is set for Preliminary examination and now 1538.5. [¶] It will just have to go out to whatever Judge is available on that date.”

[681]*681The matter then came before Judge Vanessa Zecher, sitting as a magistrate, for preliminary hearing in San Jose on December 8, 2011. Rodriguez opposed the assignment to Judge Zecher, arguing again that under section 1538.5(p) Judge Chiarello should hear the motion to suppress. The People disagreed. Judge Zecher sent the parties back to Judge Nadler to argue the matter. After considering the parties’ arguments, Judge Nadler reaffirmed his prior conclusion: “Judge Chiarello has a sentencing calendar today in Palo Alto[2] and, therefore, [is] not available for this prelim. [¶] This matter is reassigned to Judge Zecher for prelim right now.” The parties returned to Judge Zecher, who on December 13, 2011, denied Rodriguez’s motion to suppress and held him to answer on count 1, the child pornography charge. Count 2, for marijuana possession, was dismissed.

Dissatisfied with these rulings, Rodriguez filed a renewed motion to suppress pursuant to section 1538.5(i) on February 8, 2012, seeking review in superior court. Rodriguez sought to set aside Judge Zecher’s order holding him to answer and reiterated that Judge Chiarello should have heard the relitigated motion to suppress. This time, the People conceded the motion should have been heard by Judge Chiarello, not Judge Zecher, because “Judge Chiarello was available” even though “he had been transferred to another department of the Superior Court.” But according to the People, the appropriate vehicle for challenging Judge Zecher’s rulings was a section 995 motion. Rodriguez ultimately withdrew his motion after the trial court concluded a renewed motion to suppress under section 1538.5(i) was not the proper vehicle for setting aside Judge Zecher’s holding order.

Instead, Rodriguez moved on March 6, 2012, to set aside the information under section 995. He argued that because his motion to suppress had been heard by Judge Zecher—and not Judge Chiarello—he had been deprived of a substantial right, for which the proper remedy was to set aside the information. The People opposed the motion, asserting that Rodriguez’s decision to bring his motion to suppress in conjunction with the preliminary hearing— rather than waiting to bring the motion until after the hearing—removed the situation from the ambit of section 1538.5(p), which contains no requirement that the same judge preside over any subsequent preliminary hearing. Judge Linda Clark denied Rodriguez’s motion on March 28, 2012.

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Cite This Page — Counsel Stack

Bluebook (online)
377 P.3d 832, 1 Cal. 5th 676, 206 Cal. Rptr. 3d 588, 2016 Cal. LEXIS 6975, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rodriguez-cal-2016.