P. v. Johnson CA3
In People v. Arbuckle (1978) 22 Cal.3d 749 (Arbuckle), our Supreme Court held that as a “general principle,” a defendant who enters into a plea bargain is entitled to be sentenced by the judge who took his plea. (Id. at pp. 756-767; see also K.R. v. Superior Court (2017) 3 Cal.5th 295 (K.R.).)
Defendant Andrew Malen Johnson appeals from the imposition of a state prison sentence originally imposed but suspended pursuant to a plea bargain, contending that under Arbuckle, the judge who presided over his last violation of probation (VOP) hearing should have been the one to sentence him. We affirm because defendant has not raised a true Arbuckle claim or shown any other grounds for error in his sentencing.
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