Castillo

DISCUSSION

I. Motion to Enforce Plea Bargain

A. Factual Background

Prior to the preliminary hearing, the prosecutor offered five years and stated that if

the offer was rejected, the People would be adding an additional "five-year" firearm

enhancement. Defense counsel explained that when he relayed the initial five-year offer

to Castillo in August, he informed Castillo that if Castillo rejected the offer, the People

would file an amended complaint to add the firearm enhancement and that the additional

charges would raise Castillo's maximum exposure to 11 years in prison. Castillo rejected

the offer.

In early October 2012, defense counsel calendared a motion to disclose the

identity of confidential informants, which was set for hearing on October 24. (All further

date references are to 2012.) During negotiations before the hearing on the motion, the

prosecutor told defense counsel that the People might be open to a counteroffer, wherein

defense counsel inquired about three years. The prosecutor responded, " 'Make me the

offer. We might consider it.' " Castillo, however, never made a counteroffer.

Later that day, defense counsel visited Castillo and…