Soil

Petitioner, Donald Roosevelt Soil, seeks a writ of mandate directing the superior court to set aside its order denying his motion to transfer his second motion to suppress evidence to the same judge who granted his first suppression motion.

I. Factual and Procedural Background

Petitioner was the defendant in a felony criminal case. He was charged with possession of cocaine, possession of a controlled substance in a jail, and with having multiple prior convictions.

Petitioner was arraigned in superior court. About a month later, he filed a motion to suppress evidence pursuant to Penal Code section 1538.5. Later, the matter was transferred for hearing before Judge Judith Abrams. Judge Abrams granted petitioner’s suppression motion. The People announced they could not proceed, and the case was dismissed.

The People refiled the case. Although the second complaint contained a second count of possession of cocaine, the case is identical to the first case. Petitioner was held to answer at a preliminary hearing, and an information was filed in superior court. Petitioner once again filed a motion to suppress evidence, and the matter was before respondent calendar court (the…