Toscano

Pursuant to a negotiated plea, Arthur Toscano pled guilty to one count of spousal abuse and admitted he had suffered one prior strike conviction and served one prior prison term. He was sentenced to state prison for a term of five years (two years for the current offense, doubled for the strike, plus an additional year for the prior prison term). Toscano appeals, claiming the trial court should have enforced his plea agreement by permitting him to move to strike the prior conviction allegation both on Romero and constitutional grounds. We agree and therefore reverse.

DISCUSSION

A.

Toscano (represented by George P. Hobson, Jr.) and the prosecutor (Deputy District Attorney Jennifer Gowan) agreed in a written plea agreement that: “Defendant & Prosecution agree that Defendant shall have the right to a motion to strike prior. If the prior is stricken[,] Defendant is facing a maximum of 3 years. If the prior is invalid[,] the Defendant’s exposure is three years at 50/50 time, [¶] DA to dismiss Counts 1 through 4. If the prior is valid[,] Def[endant] is facing 5 yrs.” (Italics added.)

On the day the agreement was executed (October 10, 2003), Deputy Gowan told the trial court…