Townsend

Sentenced to the middle term of six years upon his guilty plea to firearm assault on a peace officer (Pen. Code, § 245, subd. (c)), defendant appeals. He contends the trial court violated a sentence bargain in which he was promised the lower term of four years and requests remand for resentencing or, alternatively, an opportunity to withdraw his guilty plea. We shall affirm because we conclude that defendant effectively waived his right to withdraw his guilty plea and proceed to trial.

Defendant had entered his plea of guilty to a felony complaint pending in municipal court. The plea was part of an agreement between defendant and the prosecutor that contained elements of both a plea bargain and a sentence bargain. The agreement called for the prosecutor to move to dismiss two pending assault counts and recommend the low term for a third count to which defendant would plead guilty. It was further agreed that the sentencing judge would impose the low term of four years. The prosecutor informed the magistrate that this sentence was “in effect ... a promise because a Superior Court judge has already conferred with counsel and I and has indicated that he would impose no more…