I need to understand how this work. I'm reading files public defender gave me.
Looking at hearing transcript, DA on last page of transcript asked judge to add an enhancement to the charges. They had an argument about it for the next page or so, at the end of which judge said he did not agree enhancement applied. But when I look at plea bargain, DA put it on there anyway. Defendant took the plea bargain despite the fact he was not guilty of that nor of another 4 charges on there. He was pressured into taking the deal because his brother was co-defendant and they told him unless he took the deal, his brother's deal would be withdrawn and brother would get LWOP. Is it normal/legal for DA to have added enhancement even though Judge said no in PH? How does work?NOTE #1 - I did not see in all the files that Public Defender handed me (they said that they gave me EVERYTHING they had) any other record of judge agreeing / adding this enhancement. NOTE #2 - The judge who signed off on the plea bargain was not the same judge that presided at the Preliminary Hearing. Can a DA put ANYTHING he wants on plea bargain or does the plea bargain charges have to match the charges the defendant was bound over with at PH? I believe they have the right to drop some charges, but do they have authority to add more without a judge consent?