Thornton

The People appeal, contending the court erred in

ordering specific performance of a plea bargain for two defendants based on a finding they had detrimentally relied on the plea bargain when they waived time for the preliminary hearing. We reverse the judgment with instructions.

FACTUAL AND PROCEDURAL BACKGROUND

On April 8, 2004, defendants Robert Thornton, Jonathan McClaurin, and a third defendant, were arraigned for committing a battery on a nonconfined person by a prisoner (Pen. Code, § 4501.5), with an enhancement for committing the offense while confined in a state prison (§ 1170.1, subd. (c)). McClaurin was additionally charged with custodial possession of a weapon in violation of section 4502, subdivision (a).

Over the course of the next four months, the preliminary hearing was continued seven times while the parties discussed disposition of the case. According to an uncontested declaration by Thornton’s counsel, before a hearing on August 30, Imperial County Deputy District Attorney Baker told both defense counsel for Thornton and McClaurin that his office was most concerned with convicting the third defendant and was willing to offer a plea agreement where…