People v. Navarrete CA3

BACKGROUND

Navarrete was charged with violating Health and Safety Code section 11361, subdivision (a), offering cannabis to a minor and Penal Code section 288, subdivision (a),

Undesignated statutory references are to the Penal Code.

1 lewd act on a child under the age of 14.2 At arraignment on these charges, Navarrete was advised of his constitutional rights and the potential immigration consequences of entering a plea via a preprinted form that included a section for noncitizens. It stated that a noncitizen who enters a plea of guilty or no contest will be deported, excluded from admission to the United States, or denied naturalization. At the change of plea hearing, the prosecution filed a motion to amend the complaint to add another count, Penal Code section 243.4, subdivision (e)(1), misdemeanor sexual battery, which the court granted. Navarrete then agreed to plead guilty to violating Penal Code section 243.4, subdivision (e)(1) and Health and Safety Code section 11361, subdivision (a) in exchange for the prosecution dismissing the Penal Code section 288 charge. In taking the plea, the court first verified with plea counsel that he and Navarrete had discussed…