People v. Thomas S.

Opinion

WIENER, J.

This appeal by a minor from an order committing him to the California Youth Authority (CYA) involves a facet of Arbuckle {.People v. Arbuckle (1978) 22 Cal.3d 749, 756-757 [150 Cal.Rptr. 778, 587 P.2d 220, 3 A.L.R.4th 1171]) not previously explored.

Arbuckle held that an implicit term of a plea bargain is the trial judge who takes the plea will also be the sentencing judge. {Id., at pp. 756-757.) In re Ray O. (1979) 97 Cal.App.3d 136 [158 Cal.Rptr. 550], applies the Arbuckle rationale to juveniles. Accordingly, absent a “clear waiver, whenever a juvenile enters a plea bargain…