What is the test for a motion of appeal against a finding that a defendant knowingly waived his right to enforce the implied term of his plea bargain that he would be sentenced by the same judge who accepted his plea?
California, United States of America
The following excerpt is from People v. Horn, 213 Cal.App.3d 701, 261 Cal.Rptr. 814 (Cal. App. 1989):
Relying on People v. Arbuckle (1978) 22 Cal.3d 749, 150 Cal.Rptr. 778, 587 P.2d 220 and its progeny, appellant argues the [213 Cal.App.3d 704] judgment must be set aside and the matter remanded because the record does not show he knowingly waived his right to enforce the implied term of his plea bargain that he would be sentenced by the same judge who accepted his plea.
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