Can a sentence imposed by a judge other than the one who accepted a plea bargain stand?

California, United States of America


The following excerpt is from Mark L., In re, 193 Cal.Rptr. 165, 34 Cal.3d 171, 666 P.2d 22 (Cal. 1983):

In People v. Arbuckle (1978) 22 Cal.3d 749, 150 Cal.Rptr. 778, 587 P.2d 220 this court held that "whenever a judge accepts a plea bargain and retains sentencing discretion[666 P.2d 25] 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[34 Cal.3d 177] significant factor in the defendant's decision to enter a guilty plea. [Citations.]" Thus, the sentence imposed by a judge other than the one who took the plea "cannot be allowed to stand. [Citations.] ..." (Pp. 756-757, 150 Cal.Rptr. 778, 587 P.2d 220.)

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