Not trying to poke the bee's nest with a stick, but don't judges usually rely on the prosecutors to make the deal, and then just formalize it after they make sure the defendant understands the terms, and that both parties accept it?
Generally, yes. The prosecution and defense negotiate the deal, and if they come to an agreement, then the judge will just explain the terms of the deal and sign the paperwork.
But it doesn't change the fact that the judge is the one who has to sign the paperwork and approve it. This is pretty evident by the fact that the judge in this case decided not to sign a deal that was mutually agreed upon by both parties.
The judge isn't going to undo what the prosecutor did without cause, and Ocho gave her cause. Because he is a dumbass.
If the judge doesn't believe he is deserving of the deal from the get-go as you suggested, then she doesn't have to wait until the defendant does something stupid in court. She can just deny the deal and say, "I understand the prosecution and defense mutually agreed to this deal, but the court can not grant extended probation with these terms due to the nature of Mr. Ochocinco's offenses." Again, the judge
has to sign it for the deal to be in effect. No deal comes into effect just because the prosecution and defense mutually agreed to the terms.
IMO, she overreacted. I can't get in Ochocinco's mind, but his visible mannerisms never suggested that he didn't take anything seriously. The ass pat was not exaggerated, comically or otherwise, and is a pretty natural reaction from a guy who's played sports for decades.
Aside from that, my biggest issue is that she repeatedly referred to the court's reaction as being the problem. That is something that he can not control, and from what I can tell about his mannerisms, that is something that he did not intend. Again, just my opinion based on the way he conducted himself before, during, and after the ass pat.