Romero Motion

Client who just turned 18 years old goes on a date with a 17 year old girl where they smoke pot and drink lots of alcohol to the point the 17 year old girl is in a blackout.  They go down to the beach where they engage in alleged oral sex, get back into the car and Client drives the girl home.  Once home, the girl's mother calls the police.  The police come and take her to the hospital where they try to do a rape test on her but she is so intoxicated, they are unable to complete the test.  The police arrest my client where he admits to the oral sex.  Client pleads to an attempt oral copulation and a misdemeanor sexual intercourse with a juvenile strike that can be struck with a Romero motion.  The judge agrees to release the Client prior to the sentencing whereby he picks up another case involving a gun.  Judge puts him back in jail and he pleads to a potential 40 month state prison sentence but is allowed to file a Romero motion and if granted, he would receive felony probation.  At the sentencing hearing, judge for the 1st time grants the Romero motion and agrees to place Client on felony probation.