People v. Macias CA4/2

BACKGROUND

For about two years prior to 1996, Macias had an on again, off again sexual

relationship with the victim, who was then a minor. On March 19, 1996, when Macias

was 23 and the victim was 18, Macias picked her up in his car and they had sex. The

victim reported to the police that the sex was non-consensual, which Macias denied.

The Riverside County District Attorney charged Macias with kidnapping (§ 207,

subd. (a)) and two counts of forcible rape (§ 261, subd. (a)(2)). In June 1996, Macias

1 Unlabeled statutory citations refer to the Penal Code.

2 pled guilty to false imprisonment in violation of section 236 and unlawful sexual

intercourse with a minor in violation of section 261.5.2 The court dismissed the original

three counts and, per his plea agreement, sentenced Macias to five years’ probation. At

the time, the offenses to which he pleaded guilty were not deportable offenses. (See

United States v. Hernandez-Hernandez (2005) 431 F.3d 1212, 1217-1218 [“The

California false imprisonment statute reaches both conduct that constitutes a crime of

violence and conduct that does not.”]; Turijan v. Holder (2014) 744 F.3d 617, 621

[“Upon review, we conclude that…