Woosley

To induce defendant to plead guilty to all counts and admit the charged enhancement, the trial court promised, over the prosecutor’s objection, to dismiss the enhancement and impose an agreed-upon sentence. We conclude this was an unlawful judicial plea bargain. Therefore, we reverse.

BACKGROUND

The district attorney alleged that defendant Aaron Michael Woosley committed a burglary (first degree) and, while released on his own recognizance, committed another burglary (second degree) and petty theft. (Pen. Code, §§ 459 [burglary], 484 [petty theft], 12022.1, subd. (b) [on-bail enhancement].)

On July 18, 2008, after the trial court asked defense counsel to “outline the situation,” the following took place:

And later:

The trial court accepted defendant’s plea of no contest to the burglaries and petty theft, and his admission to the on-bail enhancement. Paragraph 8 of the preprinted plea form has a typed portion stating no threats or promises were made except as stated in a handwritten portion, in part as follows: “This is a conditional & negotiated plea. . . . These pleas are conditioned upon the defendant not receiving state prison at the outset. The defendant will…