Delgado

Upon his plea of guilty to attempted murder, assault with a deadly weapon, and several enhancements—infliction of great bodily injury, a prior serious felony conviction and 2 prior prison terms—Delgado was sentenced to a total term of 10 years, offset by 342 days of credits. He complains that he should have received no more than seven years which was the indicated sentence originally offered by the trial court over the objection of the prosecution. At the time the court indicated this sentence, it had no specific knowledge of Delgado’s two prior prison terms. He was given the opportunity to withdraw his guilty plea when the details of his criminal history came to light. He rejected that opportunity, however, and demands the specific performance of the earlier “agreement.” We affirm the judgment.

Discussion

The original change of plea form, which embodied the original offer, stated, “the court will . . . [(e)] preliminarily indicate a sentence based on an understanding of the facts and my background following an on-the-record discussion of the case with the prosecutor and my attorney [Ronald Klar]. I understand that the district attorney has not concurred in the sentence…