If the judge who accepts a guilty plea retains sentencing discretion under the agreement, the judge must sentence the defendant; otherwise the defendant may withdraw his/her guilty plea. That right may be waived or given up by the defendant (commonly referred to as an “Arbuckle Waiver”) and he can agree to let another judge sentence him. This waiver is named after the California Supreme Court case entitled People v. Arbuckle (1978) 22 Cal.3d 749.
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