What is the burden of proving that a mistake or error was made by a defendant in a plea bargain?

In any event, the trial court's decision was not arbitrary, whimsical, or capricious. (See, e.g., People v. Cortez (1971) 6 Cal.3d 78, 8586, 98 Cal.Rptr. 307, 490 P.2d 819.) 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

[211 Cal.App.4th 1098]