People v. Nocelotl, 211 Cal.App.4th 496, 149 Cal.Rptr.3d 706 (6th Dist. Nov. 28, 2012) (Appellant, in effect, claimed that he had been operating under a mistake overcoming the exercise of his ... free judgment. (People v. Breslin (2012) 205 Cal.App.4th 1409, 1416, 140 Cal.Rptr.3d 906.) To prevail on this theory, he was required to show prejudice in that he ... would not have accepted the plea bargain had it not been for the mistake. [Citation.] ( Ibid.) Appellant did not carry his burden. Nowhere in his declaration did he allege that he would not have agreed to the negotiated disposition if counsel had informed him that the report would include the staff evaluation and the warden's recommendation. Even if appellant had so alleged, it is unlikely that the trial court would have credited the allegation. The negotiated disposition provided appellant with an opportunity to avoid a much lengthier prison sentence. If the report were favorable, he would be granted probation. Had appellant insisted on going to trial and been found guilty of kidnapping as charged, he could have been sentenced to prison for five, eight or eleven years. ( 208, subd. (b).) So, even if he were not granted probation, the negotiated disposition would still be favorable to appellant.).