Sanchez

*303 MEMORANDUM *

Robert Frank Sanchez appeals the district court’s denial of his petition for a writ of habeas corpus. We reverse. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

When a prosecutor adds a term to the agreement during the plea colloquy, that term becomes a part of the agreement regardless of the parties’ prior understanding. Davis v. Woodford, 446 F.3d 957, 961 (9th Cir.2006); Brown v. Poole, 337 F.3d 1155, 1159 (9th Cir.2003). “California courts are required to construe and interpret plea agreements in accordance with state contract law.” Buckley v. Terhune, 441 F.3d 688, 695 (9th Cir.2006) (en banc). Under California law, we first look to the plain meaning of the agreement’s language. Id. (citing Cal. Civ.Code §§ 1638, 1644). If the language in the contract is ambiguous, “it must be interpreted in the sense in which the promisor believed, at the time of making it, that the promisee understood it.” Id. (quoting Cal. Civ.Code § 1649). If any ambiguity remains, we must construe it in favor of the defendant. Id. (citing People v. Toscano, 124 Cal.App.4th 340, 345 , 20 Cal.Rptr.3d 923 (2004)…