People v. Mancha

Defendant was convicted of hit and run in violation of section 20001, Vehicle Code; a probation report was ordered and the cause continued. A judge other than the one before whom defendant was tried heard his application for probation, denied the same and sentenced him to the state prison. He appeals from the judgment and sentence. While the sole issue is whether it was error for one other than the trial judge to impose sentence, appellant’s claim that there were “mitigating facts” which were not considered by the sentencing judge and the case “could easily have gone either way as to…