People v. McIntosh

In People v. McIntosh (2009) 177 Cal.App.4th 534, the court of appeal affirmed the denial of a motion to withdraw a plea based on People v. Arbuckle (1978) by a newly assigned judge where the judge who took the defendant's plea was a retired visiting judge on assignment who became unavailable for personal reasons and could not handle the case. (McIntosh, supra, 177 Cal.App.4th at pp. 538-539.) In that case, there was evidence the retired judge was not hearing any cases and that there was "'no possible way'" to have the matter placed before him. (Id. a p. 538.)