Does the doctrine of Arbuckle apply to a defendant who pleads guilty to a felony pursuant to section 859a of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Guerra, 200 Cal.App.3d 1067, 246 Cal.Rptr. 392 (Cal. App. 1988):

In a similar case, People v. Miskiewicz (1984) 158 Cal.App.3d 820, 204 Cal.Rptr. 873, the court advised the defendant on several occasions during the change of plea proceedings that sentencing would occur in the superior court. The magistrate certified the defendant's case to the superior court and ordered the preparation of a probation report. The defendant contended Arbuckle was violated by his subsequent sentencing in superior court. The court declined to extend the application of Arbuckle to a defendant who pleads guilty to a felony pursuant to section 859a. (Id. at p. 825, 204 Cal.Rptr. 873.)

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