K.R.

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

Bad Law
2017 Cal. LEXIS 4767·219 Cal. Rptr. 3d 451·3 Cal. 5th 295·396 P.3d 581
Supreme Court of CaliforniaJune 29, 2017S231709California10,448 words

Opinion

Lead Opinion

Werdegar, J.

*298 In 1978, this court established a basic background rule applicable to plea negotiations in criminal cases, holding that "[a]s a general principle ... whenever a judge accepts a plea bargain and retains sentencing discretion under the agreement, an implied term of the bargain is that sentence will be imposed by that judge." ( People v. Arbuckle (1978) 22 Cal.3d 749 , 756-757, 150 Cal.Rptr. 778 , 587 P.2d 220 ( Arbuckle ).) We later found the same rule applied to pleas in juvenile court. ( In re Mark L. (1983) 34 Cal.3d 171 , 177, 193 Cal.Rptr. 165 , 666 P.2d 22 ( Mark L. ).) In the ensuing years, some intermediate appellate courts have perceived some leeway in the Arbuckle rule, and declined to recognize a right to the same judge at sentencing unless the record contained sufficient evidence that the defendant subjectively intended, as a condition of his or her plea, that the judge who accepted the plea would also pronounce sentence. (See, e.g., People v. Horn (1989) 213 Cal.App.3d 701 , 707-708, 261 Cal.Rptr. 814 .) The Court of Appeal below joined in this view, denying petitioner K.R.'s petition for a writ of mandate because he "failed to show that he entered into the plea…

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