Can a judge reconsider and overrule a decision by a second judge to revoke probation?

California, United States of America


The following excerpt is from People v. Kidd, A155296 (Cal. App. 2019):

In appellant's view, the seriousness of the underlying offense was considered when the original sentencing court imposed sentence and suspended its execution in order to place him on probation, and the second court's decision to revoke probation was in effect an improper "overruling" of the first court's decision to suspend execution of sentence. (People v. Riva (2003) 112 Cal.App.4th 981, 991 ["as a general rule one trial judge cannot reconsider and overrule an order of another trial judge"].) Appellant asserts that "in refusing to reinstate probation, the second judge simply ignored the findings of the previous judge, without any new information or changed circumstances that would warrant a different ruling."

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