People v. Martinez CA2/8

FACTS

In a felony complaint dated July 19, 2011, Martinez was charged with one count of oral copulation/sexual penetration of a child under 10 and three counts of committing a lewd act upon a child. (Pen. Code, §§ 288.7, subd. (b), 288, subd. (a).)1 Martinez was appointed a public defender and pled not guilty during the arraignment on July 19, 2011. He subsequently retained private counsel and changed his plea to no contest as to one count of committing a lewd act upon a child in exchange for a sentence of eight years in state prison. He signed an advisement of rights, waiver and plea form, which also required that he initial beside the warning that his “plea of guilty or no contest will result in . . . deportation, exclusion from admission or reentry to the United States, and denial of naturalization and amnesty.” This form was translated to Spanish by the court interpreter for him. He was also advised of the immigration consequences of his plea orally by the trial court. As a result, the trial court found that the waivers, including the one regarding the immigration consequences of his plea, were made “knowingly, understandingly, and explicitly made.” Martinez moved to withdraw…