NAMPA, Idaho (AP) — Canyon County prosecutors plan to seek a mayhem charge against a 31-year-old Caldwell man suspected of biting a woman's ear off. Jose Pena Castro was set to plead guilty to an aggravated hearing charge on Friday.

But prosecutors asked a judge to amend the charge because they said Castro didn't keep his side of the plea agreement. The Idaho Press-Tribune says the judge granted prosecutor's request to dismiss the battery charge. That allows prosecutors to amend the charge to mayhem with a sentencing enhancement for great bodily harm. Mayhem refers to unlawfully removing part of someone's body.

Castro's attorney, Curt McKenzie, objected, saying it would deprive Castro of his right to due process. According to court records, a woman told Caldwell police that Castro bit off her ear. Police responding to the Sept. 6 incident located a missing piece of her ear in a bedroom.