P. v. Puente
Tommy Lee Puente (appellant) entered a plea of nolo contendere to one count of making a criminal threat (Pen. Code, 422).[1] As part of the plea bargain, his offense would be reduced to a misdemeanor if he successfully completed outpatient therapy within 90 days. If he failed to do so, he would receive his sentence as a felony. Judge Hamilton accepted the plea and set a sentencing/review hearing for 120 days.
This appeal followed. Appellant contends the trial court erred because he was not sentenced by the same judge who heard his plea agreement pursuant to People v. Arbuckle (1978) 22 Cal.3d 749 (Arbuckle). Court affirm the judgment.
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