In a motion to vacate and remand a defendant's sentence for failing to attend a substance abuse program, what are the parties agree on?

Finally, the parties agree that it is appropriate to specifically enforce the original plea agreement, provided it does not bind the trial court to an unsuitable disposition. (People v. Mancheno (1982) 32 Cal.3d 855, 861 ["Specific enforcement is appropriate when it will implement the reasonable expectations of the parties without binding the trial judge to a disposition that he or she considers unsuitable under all the circumstances."].) Defendant suggests we vacate the sentence and allow him 12 months to either continue and complete the program, or restart and complete the program. The People believe the latter is appropriate. But in our opinion, that arrangement does not return defendant to his position at the time of the court's breach of the plea agreement. Mandated attendance in, and payment for, such a program is undoubtedly a hardship, and we believe defendant should have the option of receiving credit for the sessions he had already attended at the time of breach. Accordingly, we vacate defendant's sentence and remand with directions

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