Jensen

David Wayne Jensen appeals from a judgment of imprisonment following the denial of a motion to withdraw his plea of guilty. Pursuant to the trial court’s policy, the plea agreement was modified to include a provision that appellant be conditionally sentenced to two years at the Department of Corrections, but if he surrendered himself on the date set his prison term would be recalled and he would instead be placed on felony probation for one year, to be served in the county jail. When appellant ultimately failed to appear, he was given the prison sentence and his motion to withdraw the guilty plea was denied. Appellant contends that the two-year term was a judicially imposed provision impermissibly injected into the plea bargain to enforce his appearance. We agree and reverse.

Background

On November 28, 1989, appellant was charged with a violation of Penal Code section 12021 (ex-felon in possession of a concealable firearm), punishable by imprisonment not exceeding one year. The prosecutor alleged as an enhancement that appellant had served a prior prison term (§ 667.5, subd. (b)). On June 18,1990 (all further calendar references are to that year), appellant pleaded…