People v. Robles CA4/3

FACTS

In 1997, Robles pleaded guilty to a felony violation of section 288, subdivision (a) (lewd act upon a child) and a felony violation of section 261.5, subdivision (d) (unlawful sexual intercourse with a minor). Robles, 26 years old at the time, admitted to having engaged in sexual intercourse with a 12- year-old girl over a three-month period. He was facing a maximum sentence of eight years in prison but accepted a negotiated plea in which he served 90 days in jail. At the advice of his attorney, he accepted the plea to avoid receiving a maximum sentence. In 2023, pursuant to section 1473.7, Robles filed a motion to vacate his conviction. The motion included declarations from himself and his immigration attorney, Fabian C. Serrato, as well as letters of support from his mother and half-brother. In his declaration, Robles explained he came to the United States in 1995 when he was 24 years old. His mother, half- brother, and grandfather resided in the United States, and he has maintained employment since arriving. Robles was expecting a child at the time of the plea whom he began to reside with, as well as the mother, after he was released from custody. Robles attested he…