Stringham

Defendant Guy Thomas Stringham appeals from a judgment of conviction entered after a jury returned verdicts finding him guilty of second degree murder, kidnapping, and felony false imprisonment (Pen. Code, §§ 187, 207, 236). The primary question presented is this: Can a plea bargain which has been accepted by one judge be rejected by another judge following the commencement of sentencing proceedings at which a murder victim’s next of kin appears and denounces the negotiated disposition? Our answer is Yes.

Procedure and Evidence

The centerpiece of the amended information filed against defendant was the charge that he had murdered Paul Snipes. This count included special circumstance allegations that the murder had occurred while defendant was engaged in kidnapping Snipes, and that the murder involved the infliction of torture (§ 190.2, subds. (a)(17)(ii), (a)(18)). The murder count also included allegations that defendant had been armed with a firearm (§ 12022, subd. (a)), and that he had furnished a firearm “to another for the purpose of aiding, abetting and enabling that person to commit a felony” within the meaning of section 12022.4.

Defendant was further charged…