People v. Poole

Opinion

COWETT, J. *

This appeal follows a conviction and sentence on a guilty plea. Defendant Francis Poole contends his case must be remanded for re-sentencing because:(1) Arbuckle error was committed and he has the right to be resentenced by the judge who accepted his plea, or, in the alternative, he be allowed to withdraw his plea; and(2) The sentencing judge prejudicially failed to apply the “double-the-base term” limit, denied him Penal Code section 2933 credits and was ambiguous as to the manner in which he intended to impose consecutive sentences.

Facts

A complaint charged Poole as…