People v. Medina CA1/5

Filed 1/14/15 P. v. Medina CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, Plaintiff and Respondent, A141906 v. JOSE NOE MEDINA, (Contra Costa County Super. Ct. No. 1309541) Defendant and Appellant.

Jose Noe Medina (Medina) appeals from a judgment of conviction and sentence imposed after he entered a no contest plea to numerous offenses. His attorney has filed a brief seeking our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), in order to determine whether there is any arguable issue on appeal. We find no arguable issue and affirm.

I. FACTS AND PROCEDURAL HISTORY An information charged Medina with five counts of committing sexual acts with a child 10 years or younger (Pen. Code, § 288.7, subd. (a)), one count of committing a lewd act on a child under the age of 14 (§ 288, subd. (a)), and one count of committing a lewd act on a child aged 14 or 15 (§ 288, subd. (c)(1)).1 On February 10, 2014, the information was amended to add four counts of committing lewd and lascivious acts upon a child under the age of 14 by force (§ 288, subd. (b)(1)).

1 All statutory references are to the Penal Code.

1

On that same date, while represented by legal counsel, Medina entered into a written plea agreement. In the plea agreement, Medina acknowledged and waived specified constitutional rights, acknowledged the consequences of his plea (including deportation and registration requirements), agreed to enter a plea of no contest to count 6 (committing a lewd and lascivious act on a minor under age 14; § 288, subd. (a)) and four counts of committing a lewd and lascivious act on a minor under age 14 by force (§ 288, subd. (b)), agreed to a state prison term of 27 years 8 months, and agreed to waive presentence credits of 399 days of actual custody. In court, Medina acknowledged reviewing and initialing the written plea agreement and entered his plea. The court found that Medina knowingly, understandingly, and intelligently waived his rights and freely and voluntarily entered his plea with an understanding of its consequences. Medina thereafter brought a motion to substitute counsel and withdraw his plea. Medina asserted that his attorney at the time of the plea (Castillo) failed to advise him of the deportation and sex registration consequences and failed to adequately review the plea agreement with him. At a hearing on March 21, 2014, Castillo represented to the court that he had advised Medina of the deportation consequences, discussed the lifetime sex offender registration requirement under section 290, discussed the proposed plea fully with Medina in Spanish, and reviewed the entire plea form with him in detail with a Spanish interpreter. Medina testified that Castillo told him he could not return to this country if he were deported, but did not explain the immigration consequences or registration requirement clearly. On cross-examination, Medina admitted that a Spanish interpreter had read the plea form to him in Spanish. Medina initially could not recall telling the court he understood the plea form, asserting that his “mind was thinking about other things”; later Medina claimed that he told the court he understood the form “just to say it.” The court observed that the written plea agreement bore Medina’s initials next to the advisements about deportation consequences and a registration requirement, and a