People v. Flesch

Summary

The Court of Appeals affirmed the judgment, holding that resentencing before a different judge was not warranted because the negotiated probation sentence was illegal, the conflicted district attorney lacked authority to make a sentencing recommendation, and the authorized special prosecutor accepted shock probation as a lawful equivalent consistent with defendant's expressed expectations. Defendant repeatedly declined opportunities to withdraw his plea after being informed that the court would impose incarceration. Chief Judge Wilson, dissenting, would have ordered resentencing before a different judge because the prosecution breached its promise to recommend probation.