P.
P. v. Romero CA5
Opinion
Opinion
FACTS AND PROCEEDINGS
Appellant, Ricardo Lucero Romero, was charged in an information filed on April 2, 2012, with assault with intent to commit rape (Pen. Code, § 220, count 1),1 forcible oral copulation (§ 288a, subd. (c)(2)(A), count 2), and two counts of sexual penetration of a minor 14 years of age or older (§ 289, subd. (a)(1)(C), counts 3 & 4). The information further alleged that appellant had two prior prison term enhancements (§ 667.5, subd. (b)). On May 17, 2012, appellant entered into a plea agreement in which he would admit counts 3 and 4, as well as the two prior prison term enhancements, in exchange for the dismissal of counts 1 and 2. Appellant would be subject to a maximum prison sentence of 22 years. Appellant executed and initialed a felony advisement, waiver of rights, and plea form indicating he would admit counts 3 and 4, as well as the two enhancements. Appellant acknowledged and waived his constitutional rights pursuant to Boykin/Tahl,2 stated he understood the consequences of his plea, and agreed the police reports constituted a factual basis for his plea. Appellant also initialed a box stating: “I have had enough time to discuss my case and all possible…