Does the "critical phrase" need to be used to describe a defendant's intent to plead guilty to a charge of sexual assault?
MultiRegion, United States of America
The following excerpt is from United States v. La Torre-Jimenez, 771 F.3d 1163 (9th Cir. 2014):
in MedinaLara v. Holder, No. 1370491, 771 F.3d 1106, 1112, 2014 WL 5072684, at *4 (9th Cir. Oct. 10, 2014), we reiterated that the critical phrase is not required when the record is clear. Because the documents were ambiguous in that casefor example, [t]he abstract states Medina pleaded to count 3A, not count 3 as it is denominated in the complaintwe held that the record was insufficient. Id. at 1114, 2014 WL 5072684 at *5.
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