My question involves criminal law for the state of: California
Hello,
My friend has two felony strikes. The first was for felony assault and terrorist threats when he got in a fight with his step dad. The second was for felony DUI accident with injury . Knowing that, his girlfriend would threaten him that "she could send him away for a long time" when they would argue or if he said he was going to leave her. It finally happened. She disappeared for 3 days after an argument. He packed her stuff and told her to move when she returned. The next day he was arrested for felony corperal domestic violence and terrorist threats. Apparently she hit herself and then filed a police report (something her daughter had said she had done before). He swears up and down that he did not do it. The scary thing is with two strikes, if he goes to jury and they believe her, he could would get 25 to life.
In working with the public defender, the pubd said that he did not have any strikes. We called with his pubd and assured him he did. He said again he didn't. He said there were two prior felonies but no strikes. On the day of the preliminary hearing my friend spoke with his pubd again just before the hearing. He told the pubd some details about times and documents where he had seen he had 2 strikes. So the pubd then believed him but then urged him to take the plea before it came out in court. He said that as long as the 2 prior strikes were not brought up before his sentencing (22 days from now), his plea bargin would stand. His plea would basically give him his 1st strike (because they do not realize he already had 2 prior), and a sentence of 1 year. So that is what he did. He plead no contest.
So here's my questions. If they find the strikes, since he plead "No contest" and accepted the stike today, could that then be called his third stirke? Or would they say that the plea was invalid because they could not offer him 1 strike and 1 year? What if they find the prior stikes while he is doing his time in jail? Can they change it to 25 years? Also when you make a deal, and they tell that you will get a year, is that set in stone or is that just a recommendation to the judge?
He only plead No Contest because he was getting 1 year instead of facing a trial for 25 to life. His pubd had previously said he had a good case because of inconsistencies in her story and her injuries looking fresh (red) when she said the assault happened 5 days earlier. So it feels wrong for him to plead no contest and take a felony. But I understand if he really will only get 1 year and can put her behind him rather then go to trial and risk the 25 to life. He has a small son and 25 to life would cause him to mis his entire childhood!
Thanks for any answers to these questions.

