Can a sentence imposed by a different judge apply to a defendant who has pleaded guilty to a similar charge?

California, United States of America


The following excerpt is from People v. Rainer, B243921 (Cal. App. 2013):

In People v. Arbuckle (1978) 22 Cal.3d 749 (Arbuckle), the court stated: "As 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. Because of the range of dispositions available to a sentencing judge, the propensity in sentencing demonstrated by a particular judge is an inherently significant factor in the defendant's decision to enter a guilty plea." (Id. at pp. 756-757.) The court in Arbuckle ruled that "[b]ecause the defendant has been denied that aspect of his plea bargain, the sentence imposed by another judge cannot be allowed to stand." (Id. at p. 757.)

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