Wrongly Convicted Database Record
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Charge: |
Rape |
Sentence: |
1 year combined jail time and community service |
Years Imprisoned: |
0.83 |
Year Crime: |
1987 |
Year Convicted: |
1987 |
Year Cleared: |
1999 |
U.S. State or Country of Crime: |
California |
County or Region of Crime: |
Los Angeles |
City of Crime: |
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Result: |
Judicially Exonerated |
Summary of Case: |
"Hermogenes Canales was convicted in 1987 in Los Angeles County, California of statutory rape for allegedly having sex with a 16-year-old girl. Canales was a native of El Salvador working in California. Although he insisted the incident didn't occur, he pled guilty to minimize his sentence. He served his one year sentence of jail and community service. Canales' conviction was vacated on November 24, 1999 after it was discovered the judge violated his right to due process by failing to inform him pleding guilty could make him liable to being deported as a non-citizen felon. Canales challenged his conviction after he was arrested by the INS for being a non-citizen with a felony conviction. After his conviction was vacated he was released from INS custody." |
Conviction Caused By: |
Canales pled guilty without being informed of the consequences of his plea as a non-citizen. |
Innocence Proved By: |
"Canales' conviction was vacated on November 24, 1999 after it was discovered the judge violated his right to due process by failing to inform him pleding guilty could make him liable to being deported as a non-citizen felon." |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
29 |
Age When Released: |
29 |
Sex: |
Male |
Skin/Ethnicity: |
Hispanic |
Information Source 1: |
"INS Inmate Freed in Rare Victory; Court: Legal resident beats deportation order after lawyer gets judge to erase earlier criminal conviction, By Hilary E. MacGregor (staff writer), Los Angeles Times, December 23, 1999, pg. 3" |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org