People v. Osorio CA1/3

Filed 3/26/26 P. v. Osorio CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A171074 v. ISMAEL SESAM OSORIO, (San Mateo County Super. Ct. No. 19-NF-008781-A) Defendant and Appellant.

Defendant Ismael Sesam Osorio appeals from the trial court’s postjudgment order denying his motion to withdraw his guilty plea based on resulting immigration consequences. He contends he was never informed his plea would have negative immigration consequences and would not have accepted the plea had he been properly informed. We disagree and affirm the order. FACTUAL AND PROCEDURAL BACKGROUND The San Mateo District Attorney charged Osorio with multiple offenses arising from a sexual relationship with a minor. The information alleged unlawful sexual intercourse with a minor (Pen. Code,1 § 261.5, subd. (c); counts 1, 4–6), oral copulation of a minor (§ 287, subd. (b)(1); count 2), forcible

1 All further undesignated statutory references are to the Penal Code.

oral copulation of a minor (§ 287, subd. (c)(2)(C); count 3), and possession of child or youth pornography (§ 311.11, subd. (a); count 7). The charges relate to a year-long sexual relationship between Osorio, then over 30 years old, and a 15-year-old minor. Police obtained a nude photograph of the minor engaged in sexual activity with Osorio from Osorio’s partner. Osorio admitted having sex with the minor during a “pretext call,” and later made similar admissions to the probation department. The probation report noted that Osorio “admitted he was aware the victim was a minor when he had sexual intercourse with her and knew that it was a crime to engage in a sexual relationship with a minor.” Osorio ultimately pled no contest to one count of unlawful sex with a minor. The plea agreement form signed by Osorio stated, “I understand that if I am not a citizen, conviction of the offense for which I have been charged will have the consequences of deportation, exclusion from admission to the United States or a denial of naturalization.” Osorio acknowledged he read and understood the plea waiver at the subsequent hearing, during which a Spanish interpreter was present. The court also asked, “[D]o you also understand if you are not a citizen, you will be deported, excluded from admission, and denied naturalization to the United States,” to which Osorio responded, “Yes.” The court accepted Osorio’s plea. At sentencing, the court denied Osorio’s request for supervised probation and imposed the low term of 16 months in county jail. The court also ordered Osorio to register as a sex offender for 10 years and issued a no- contact order prohibiting contact with the minor.