Can a defendant withdraw his plea at a different judge for sentencing?
California, United States of America
The following excerpt is from People v. Adams, 224 Cal.App.3d 1540, 274 Cal.Rptr. 629 (Cal. App. 1990):
"Arbuckle recognizes that if a defendant's case is assigned to a different judge for sentencing, the defendant can proceed before that judge or withdraw his plea. [Citation.] [A] defendant ... does not have the option of taking his chances before the different judge and, if the result is unfavorable, then demand the original judge." (People v. West (1980) 107 Cal.App.3d 987, 992, 165 Cal.Rptr. 24, italics omitted.)
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