Adams

Shannon Michael Adams entered a negotiated guilty plea to forcible sodomy (Pen. Code, § 286, subd. (c)) pursuant to People v. West (1970) 3 Cal.3d 595 [ 91 Cal.Rptr. 385 , 477 P.2d 409 ]. The court sentenced him to the upper term of eight years in prison. This appeal squarely raises the question of whether a defendant sentenced by a judge other than the one who accepted the guilty plea may withhold objection to the new judge and raise Arbuckle error for the first time on appeal. We hold such claim has been waived by the defendant’s failure to make a timely objection.

Factual Background

Seventeen-year-old Emily M. met Adams, whom she knew as Mike Smith, in the spring of 1988. They had one date near the end of the 1988 school year. She did not see him again until he came to her door on the evening of September 29, 1988, when her mother was out. She let him in the house. They drank a couple of cans of beer and smoked two pipes of marijuana. They went to Emily’s room and undressed. After about a half hour of sexual contact, she became distressed, arose from the bed, and went into the bathroom. She returned and put on a T-shirt and shorts. She asked Adams to leave,…