P v. Araujo (2nd Dist., Div.6): Another PC 1016.5 Case.

Yesterday I posted a piece on P v. Asghedom, a case reversing a trial court's denial of relief on a defendant's PC 1016.5 motion.  One day later, another case is published on the same statute, with very different facts and a different result.

Ms. Araujo was charged with residential burglary and robbery.  She was offered a plea bargain whereby if she pled guilty to the burglary, she would receive a grant of felony probation and the robbery would be dismissed.  Araujo took the deal and pled to the burglary.

Araujo used a Spanish language interpreter during her change of plea.  Prior to accepting Araujo's plea, the trial judge required Araujo to review and initial a standard court form that lays out for a defendant the rights she necessarily waives in pleading guilty as well as specific consequences of her plea.  One of the consequences stated in the form is that if you are not a U.S. citizen your plea may result in your removal from the country, denial of naturalization, or another adverse immigration result.  The interpreter translated the form for Araujo and Araujo initialed each item, including the immigration warning.

During the plea colloquy, the judge asked Arajuo if the interpreter had read to her, and if she understood, each item in the form.  Arajuo said "yes".  At sentencing, Arajuo received the benefit of her bargain, a grant of felony probation and dismissal of the robbery charge.

Arajuo then moved for relief pursuant to PC 1016.5, which required her to prove that she was not advised of the immigration consequences before her plea was accepted.  That she cannot do.  While the judge did not verbally advise Arajuo, it is sufficient that the form contained the advisement, the advisement was read to her in her preferred language, and she acknowledged (in writing and orally) understanding it.  It is not really a close case.

The contrast between these facts and those in Asghedom is striking.

[And by the way, Justice Yegan, it is "all-too-familiar" not "all-to-familiar".  A typo in your first sentence doesn't exactly inspire confidence (also, you should add the article "a" to "Spanish interpreter" on page two).]