People v. Cruz CA4/2

STATEMENT OF THE CASE

On October 5, 2021, an information charged defendant and appellant Christian

Ivan Cruz with lewd and lascivious acts on a child under age 14 by force, violence,

duress, menace, and fear of immediate and unlawful bodily injury under Penal Code1

section 288, subdivision (b)(1) (counts 1, 2), and sexual penetration on a child under age

14 and seven or more years younger than defendant by force, violence, duress, menace,

and threat under section 289, subdivision (a) (counts 3, 4).

On August 18, 2022, pursuant to a negotiated plea agreement, defendant pled

guilty to counts 1 and 2, in exchange for a sentence of 20 years in prison (10 years for

each count), and a dismissal of counts 3 and 4.

At the sentencing hearing on July 12, 2023, defendant filed a motion to withdraw

his guilty plea. The prosecutor waived notice of the motion and argued:

“Your Honor, I believe that—it’s my understanding and my recollection that the

defendant was properly advised by the Court at the time of the plea. I will defer to

defense counsel. But based on my experience with defense counsel, I believe that the

defendant was also properly advised of the consequences of his…