In what circumstances would Judge Chiarello hear the relitigated suppression motion?

For these reasons, we agree with Rodriguez that it is reasonably probable he would have achieved a more favorable ruling had Judge Chiarello heard the relitigated suppression motion. (See People v. Watson (1956) 46 Cal.2d 818, 836, 299 P.2d 243.) And because the prosecution of Rodriguez depended on the images and video footage seized from his desktop computer, along with the incriminating statements he made to police during the execution of the subsequent search warrant, it is reasonably probable a result more favorable to Rodriguez would have obtained absent the trial court's abuse of discretion. (See ibid. ) So the lower court's error, we conclude, was prejudicial.⁵