K. R. v. Superior Court of Sacramento Cnty.

Good Law
196 Cal. Rptr. 3d 681·2015 Cal. App. LEXIS 1166·243 Cal. App. 4th 495
Court of Appeal of CaliforniaDecember 30, 2015C079548California8,031 words

Opinion

Lead Opinion

Robie, J.

*497 The question in this case is whether K.R. (the minor) has a right under our Supreme Court's decision in *498 People v. Arbuckle (1978) 22 Cal.3d 749 , 150 Cal.Rptr. 778 , 587 P.2d 220 to insist that Judge Jack Sapunor preside over the disposition of his admissions that he twice violated the terms of his probation in a juvenile delinquency proceeding. For the reasons set forth below, we conclude he does not. While the minor certainly had a reasonable expectation that he would receive the agreed-upon disposition that was part of the plea agreement approved by Judge Sapunor, and the refusal by Judge James P. Arguelles to impose that disposition certainly entitles the minor to withdraw his negotiated plea, the minor has failed to show that he entered into the plea agreement in expectation of and reliance upon Judge Sapunor conducting the disposition hearing. Thus, the minor is not entitled to have the disposition hearing set in front of Judge Sapunor, nor is he entitled to an order requiring Judge Arguelles to impose the agreed-upon disposition. Accordingly, we will deny the minor's petition for a writ of mandate and vacate our stay on the juvenile court proceeding.

FACTUAL AND…

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