People v. Ruhl

Opinion

SIMS, J.

In People v. Arbuckle (1978) 22 Cal.3d 749 [150 Cal.Rptr. 778, 587 P.2d 220, 3 A.L.R.4th 1171], our Supreme Court held, as a general *313principle, 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. (Pp. 756-757; see also In re Mark L. (1983) 34 Cal.3d 171, 177 [193 Cal.Rptr. 165, 666 P.2d 22].) In People v. Rosaia (1984) 157 Cal.App.3d 832 [203 Cal.Rptr. 856], the Fifth District Court of Appeal adopted a rule requiring that where a defendant has a right under…