Misrepresentation of plea offer? Concurrent vs. consecutive...?

My fiance's public defender came to see him last night (the night before his preliminary hearing here in California), and said that in exchange a "nolo" plea, the DA's office was willing to offer an 8-month sentence run CONCURRENTLY with the sentence he is already serving. A pretty good deal,... show more My fiance's public defender came to see him last night (the night before his preliminary hearing here in California), and said that in exchange a "nolo" plea, the DA's office was willing to offer an 8-month sentence run CONCURRENTLY with the sentence he is already serving. A pretty good deal, seeing as the charges could carry up to 3 years in state prison.

This morning at the prelim, after my fiance entered the "nolo" plea the public defender was informing the judge that an the agreement had been reached with the DA's office as to a recommended sentence, but this time he stated "an 8-month sentence run CONSECUTIVELY."

My fiance tried to alert his attorney to the mistake immediately after it happened, but having the "awesome" people skills possessed by some PD's, the lawyer paid him no attention and the recommendation was entered into record as spoken in court.

At this point I do not know which type of term was stated in the plea agreement form, nor whether the slip-up was intentional (I would like to think it was not, but I'm not this guy's biggest fan...) or if he simply misspoke, but if it proves to be an intentional "inconsistency," what I would like to know is:

Would/could this be considered material misrepresentation of the plea agreement by the PD either to his client (my fiance) or to the court? If so, what remedies are available to my fiance to correct the mistake?

Would such intent also support a claim of incompetent council, or even legal malpractice?

The sentencing hearing was scheduled for 4 weeks out, so that (I am guessing) would be my fiance's final opportunity to (literally) set the record straight. Any help would be GREATLY appreciated!
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