People v. Serrato

Opinion

EVANS, J.

Under terms of a plea bargain, defendant pleaded guilty to first degree burglary (Pen. Code, § 459) and admitted a prior conviction (Pen. Code, § 667.5, subd. (b)). He was sentenced to four years, the middle term, for the burglary and one year for the prior conviction.

On appeal, defendant contends the court failed to exercise its discretion when it denied him probation and the court committed error because he was sentenced, without an Arbuckle waiver, by a different judge than the judge who accepted his plea. We shall affirm.

Defendant’s contention he was improperly denied…