Is a judge permitted to review the transcripts of the preliminary hearing before the trial?

California, United States of America


The following excerpt is from People v. Gonzalez, C068331 (Cal. App. 2013):

It is not unusual for a trial judge to review the preliminary hearing transcripts prior to trial and it is not prohibited. (People v. DeJesus (1995) 38 Cal.App.4th 1, 16.) In fact, it is not prohibited for the same judge to preside over both the preliminary hearing and the trial, or for the judge who presided over a trial to preside over a retrial on remand. (Id. at pp. 15-16.)

There was nothing improper in the trial court's review of the preliminary hearing transcripts prior to trial.

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