District Court, Ogden Department The Honorable Michael D.
DiReda No. 151901382
T. Flores, Attorney for Appellant
D. Reyes and Thomas B. Brunker, Attorneys for Appellee
Michele M. Christiansen authored this Opinion, in which
Judges David N. Mortensen and Diana Hagen concurred.
Defendant Reynaldo Paredes, a lawful permanent resident of
the United States, appeals from the district court's
denial of his motion to withdraw his guilty plea. According
to Defendant, his counsel had not adequately informed him of
the immigration consequences of entering that plea, thereby
failing to provide him with effective representation. The
district court denied the withdrawal motion after finding
that Defendant had been adequately informed. We conclude that
Defendant has not demonstrated that the district court
clearly erred or otherwise abused its discretion in denying
his withdrawal motion. We therefore affirm.
In 2015, a 23-year-old woman reported to police that
Defendant had grabbed her breasts both over and under her
clothing and then exposed his penis to her. This incident was
witnessed by the woman's 12-year-old cousin. Defendant
was arrested and charged with forcible sexual abuse, a
second-degree felony; lewdness, a class B misdemeanor; and
intoxication, a class C misdemeanor. Defendant admitted he
had consumed alcohol that day, but he denied exposing himself
to the woman and claimed that the touching was consensual.
Defendant and the State agreed that he would plead guilty to
attempted forcible sexual abuse, a third-degree felony, in
exchange for the dismissal of the other charges. A plea
agreement form was prepared, which included a clause
pertaining to immigration:
Deportation/Immigration: I understand that
if I am not a United States citizen, my plea(s) today may, or
even will, subject me to deportation under United States
immigration laws and regulations, or otherwise adversely
affect my immigration status, which may include permanently
barring my reentry into the United States. I understand that
if I have questions about the effect of my plea on my
immigration status, I should consult with an immigration
immigration clause, like the other sections of the plea
agreement, was immediately followed by a Spanish translation
in bold text.
Because Defendant spoke Spanish, a court-certified
interpreter was utilized during the plea hearing. The
district court asked Defendant if he had read through,
reviewed, and understood the plea agreement:
THE JUDGE: Mr. Paredes, did you review that plea agreement?
Did you read ...