People v. Medina CA1/5

I. FACTS AND PROCEDURAL HISTORY

An information charged Medina with five counts of committing sexual acts with a child 10 years or younger (Pen. Code, § 288.7, subd. (a)), one count of committing a lewd act on a child under the age of 14 (§ 288, subd. (a)), and one count of committing a lewd act on a child aged 14 or 15 (§ 288, subd. (c)(1)).1 On February 10, 2014, the information was amended to add four counts of committing lewd and lascivious acts upon a child under the age of 14 by force (§ 288, subd. (b)(1)).

1 All statutory references are to the Penal Code.

1 On that same date, while represented by legal counsel, Medina entered into a written plea agreement. In the plea agreement, Medina acknowledged and waived specified constitutional rights, acknowledged the consequences of his plea (including deportation and registration requirements), agreed to enter a plea of no contest to count 6 (committing a lewd and lascivious act on a minor under age 14; § 288, subd. (a)) and four counts of committing a lewd and lascivious act on a minor under age 14 by force (§ 288, subd. (b)), agreed to a state prison term of 27 years 8 months, and agreed to waive presentence credits of 399 days…