Cal.Sup.Ct.;
S231709

The California Supreme Court reversed a court of appeal decision. The court held that a juvenile offender who entered into a plea agreement had a right to have the same judge who took his plea also pronounce sentence, without having to make a factual showing that this was his subjective intent.

Juvenile offender K.R. entered into a plea agreement that provided for the transfer of his case to Nevada, where his mother lived. Judge Jack Sapunor approved the plea agreement, accepted K.R.'s admission of two probation violations, and dismissed the remaining allegations. A different judge presided over the continued disposition hearing, however, and that judge rejected the previously agreed upon disposition. Citing People v. Arbuckle (1978) 22 Cal.3d 749, K.R. objected to having the matter heard by any judge other than Judge Sapunor. The juvenile court denied K.R.'s objection. K.R. petitioned for writ of mandate to impose the agreed disposition or to set the case for disposition before Judge Sapunor.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Go To Lexis →

Not a Lexis Subscriber?
Subscribe Now

Go To Bloomberg Law →

Not a Bloomberg Law Subscriber?
Subscribe Now

NOT FOR REPRINT