Batt

Pursuant to a plea bargain, defendant pleaded no contest to two counts of residential burglary on the condition two remaining charges would be dismissed and the prosecution would not oppose a commitment to the California Rehabilitation Center (CRC). Following denial of his motion to withdraw his plea, he was sentenced to an aggregate prison term exceeding six years, thereby rendering him ineligible for a CRC commitment.

We reject defendant’s primary contention he should have been permitted to withdraw his plea on the ground he was misinformed by the court and counsel about the likelihood of a CRC commitment. In the published portion of this opinion, we also reject his contention Penal Code section 859a requires the same judge who took the plea, as opposed to the same court, to hear a motion to withdraw the plea. And we hold defendant waived objection to imposition of a restitution fine by failing to raise the issue at or before sentencing. However, we agree with his final contention he was entitled to an additional three days of presentence custody credits. Accordingly, we affirm the judgment in all respects save the matter of custody credits.

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