California, United States of America
The following excerpt is from People v. Vivar, 11 Cal.5th 510, 278 Cal.Rptr.3d 2, 485 P.3d 425 (Cal. 2021):
must rely entirely on a cold record. (Cf. Haraguchi v. Superior Court (2008) 43 Cal.4th 706, 711, fn. 3, 76 Cal.Rptr.3d 250, 182 P.3d 579 ; see id . at p. 713, 76 Cal.Rptr.3d 250, 182 P.3d 579 [motions to recuse the prosecutor are reviewed for abuse of discretion because trial courts "are in a better position than appellate courts to ... evaluate the consequences of a potential conflict in light of the entirety of a case, a case they inevitably will be more familiar with than the appellate courts"].)5 Indeed, that's what happened
[485 P.3d 436]
here: the judge hearing the section 1473.7 motion had no firsthand familiarity
[278 Cal.Rptr.3d 15]
with the circumstances surrounding Vivar's plea.
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