Barrera

J.Michael V. Barrera appeals from the judgment entered upon his conviction by jury of forgery of a check (Pen. Code, § 470, subd. (a)), with findings that he had suffered two prior'serious felony convictions within the meaning of the “Three Strikes” law (Pen. Code, §§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)). He was sentenced to 25 years to life in prison.

Appellant contends that his conviction must be reversed because the commissioner who presided over his trial had represented him at his arraignment in this same case and was therefore disqualified from serving as trial judge in this matter. He further contends that the trial court abused its discretion in refusing to strike one of his prior felony convictions and that his sentence constitutes cruel and/or unusual punishment. Respondent contends that the judgment must be modified to reflect a restitution fine pursuant to Penal Code section 1202.4, subdivision (b) and a parole revocation fine pursuant to Penal Code section 1202.45.

We hold that although the commissioner’s disqualification was one which, by statute, shall not be waived by the parties and their attorneys, appellant may not now obtain review of the…