In California, a judge can sometimes tell a defendant what sentence the judge would give before the defendant pleads guilty. A new Court of Appeal ruling says prosecutors may remove that judge from the case, but only before the plea is accepted.
What Is an Indicated Sentence in a California Criminal Case?
An indicated sentence is the punishment a judge says the court would impose if the person were convicted. It is not a plea bargain, because the prosecutor and the defendant do not negotiate it. The judge announces it, and the defendant decides whether to plead guilty in exchange for that outcome or to go to trial.
The California Supreme Court approved this practice in People v. Clancey (2013) 56 Cal.4th 562. The court said an indicated sentence must be the same punishment the judge would be prepared to impose after a trial. It also said the prosecutor does not have to agree, although the prosecutor may argue that the sentence is wrong.
The Los Angeles Case Behind the New Ruling
The ruling is People v. Superior Court (Garcia), No. B353018, decided by the Second Appellate District, Division Two, on October 13, 2026. It arose in Los Angeles County.
The defendant was charged with one felony count of taking a vehicle without consent. The charge also alleged three prior strike convictions. The prosecution offered 32 months. The defense asked for probation. The case went to Department 100 of the Clara Shortridge Foltz Criminal Justice Center, where the defense asked the judge for an indicated sentence.
On the day the judge was ready to rule, the prosecution filed a motion to disqualify the judge. The clerk stamped it “rejected.” The judge said a master calendar judge cannot be challenged and went ahead. The judge said she would strike the prior strikes and gave an indicated sentence of 16 months. The defendant accepted, pleaded guilty, and the court accepted the plea over the prosecution’s objection.
Why the Court of Appeal Sent the Case to a Different Judge
California Code of Civil Procedure section 170.6 lets a party disqualify a judge by stating a good faith belief that the judge is prejudiced. The party does not have to prove it. If the motion is on time and in proper form, the judge has no discretion to refuse.
The statute has one limit that mattered here. A judge may not hear “any matter” that involves “a contested issue of law or fact” after being challenged. The Court of Appeal found two such issues in this case:
- The decision to strike the defendant’s prior strike convictions, which requires the judge to weigh the defendant’s background and the nature of the offenses.
- The decision to accept the guilty plea, which requires the judge to decide whether the plea is voluntary and has a factual basis.
The court also rejected the idea that a master calendar label protects the judge. The label is not what counts. What counts is what the judge actually does. A judge who weighs the strikes, announces a sentence, and takes a plea is doing more than sending cases to trial courtrooms.
Does This Change What Defendants Can Ask For?
The ruling does not take away the indicated sentence. The court restated that a trial judge may give one early, based on the record available at that time, and may use the judge’s power to strike a prior strike when doing so.
What the ruling adds is timing. The prosecution may file its challenge before the plea is accepted. A plea accepted by a judge, the court explained, is the equivalent of a jury verdict, and little remains except sentencing. After that point, a challenge comes too late.
The court sent the case back with directions to cancel the plea and assign a different judge.
What the Court Left Undecided
The defendant argued that the prosecution’s challenge was made in bad faith. The Court of Appeal did not decide that point and said it was not properly before the court. It mentioned a 2026 California Supreme Court case, J.O. v. Superior Court, 19 Cal.5th 753, that deals with objections to challenges of this kind.
This is also a single published appellate opinion. Other courts or the California Supreme Court may look at the issue later, so it is worth checking whether the ruling is still good law before relying on it.
Common Questions About Indicated Sentences
Does an indicated sentence work like a plea deal?
Not exactly. A plea deal is an agreement between the prosecutor and the defendant. An indicated sentence comes from the judge alone, and the prosecutor may object to it and argue for something different.
Can a defendant also challenge a judge under section 170.6?
Yes. The statute applies to any party in a civil or criminal case. The challenge must be timely and in proper form, and the court in this case stressed that it must come before the judge accepts a plea. Anyone in that situation should read the statute and the case law closely.
Where can I read more about options in a criminal case?
Our posts on mental health diversion rulings and on what to do when you are unhappy with an appointed attorney explain two other points where the court process can turn on timing. The full opinion in this case is available on CourtListener, and the statute is on the California Legislature’s website.
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ATTORNEY ADVERTISING. This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and prior results do not guarantee a similar outcome. Responsible attorney: Jasmine Mines (State Bar No. 331135), Mines Law Firm, 468 N. Camden Drive, Suite 200, Beverly Hills, CA 90210.