P. v. Duran
Though lawfully admitted to the United States in 1989, Jaime Rodarte Duran never became an American citizen. In 2001 and 2004, he inappropriately touched two young women in Merced County, for which he twice pled nolo contendere to sexual battery. (Pen. Code, 243.4, subd. (a).)[2] Originally granted probation with a county jail term in the 2001 case, he agreed in 2005 to a negotiated disposition revoking his probation and imposing a one-year prison term in the 2001 case and imposing a two-year prison term in the 2004 case.
In 2007, federal immigration authorities initiated proceedings to remove Duran from the United States. In 2008, he filed, and the court denied, a section 1016.5 motion to vacate the judgments inboth casesand a petition for writ of habeas corpus in each case. On appeal, he challenges the denial of his motion as an abuse of discretion. On habeas corpus, he challenges the assistance of his counsel as ineffective. Court affirm the orders denying the motion to vacate thejudgments and deny the petitions for writ of habeas corpus.
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