Watson

*679 MEMORANDUM *

Donald Watson claims that his plea agreement guaranteed him a maximum parole term of seven years. Now that he understands that he is in fact subject to the possibility of lifetime parole, he claims that the State has breached his plea agreement. See Santobello v. New York, 404 U.S. 257 , 92 S.Ct. 495 , 30 L.Ed.2d 427 (1971).

As the district court found below, there is simply no evidence to indicate that a seven year parole term was a part of the plea agreement between Watson and the State. The sole reference to parole in the written plea agreement appears in sub-paragraph (b). While it is true that this provision does refer to a 3-year parole term, this reference is followed by an asterisk that advised Watson of the life sentence exception to the normal 3 year parole term under California law. See CaLPenal Code § 3000(b) (1988) (setting the parole term for inmates except those imprisoned for second degree murder and subject to a life sentence). In addition, the plea agreement session with the prosecution was videotaped, and the district court below found that the “videotape shows no discussion of a parole term, parole eligibility, or parole consequences.”…