Jose Ramon Mancinas Flores

Jose Ramon Mancinas Flores appears in court Monday with his lawyer James Miller.

The lawyer for a man accused of raping a 14-year-old girl during an illegal border crossing in 2013 asked a judge Monday to delay sentencing so that he could evaluate the results of a psychosexual evaluation.

At a sentencing hearing Monday at Santa Cruz County Superior Court, defense lawyer James Miller, who represents Jose Ramon Mancinas Flores, said he wished to remove incriminating language from the results of the psychological and psychosexual evaluation before handing the results over to the state.

Miller also indicated that Mancinas, who had previously pleaded guilty, planned to withdraw his plea and said he wanted his client to make a statement under oath. Judge Thomas Fink is set to hear the motion next Monday.

The case stems from a December 2013 incident in which the 23-year-old native of Nayarit, Mexico, allegedly sexually assaulted the girl multiple times while he guided a group of migrants from Oaxaca, Mexico through the desert. He was later detained by Border Patrol agents in an area near South Arivaca Road.

Mancinas pleaded guilty to one count of molestation of a child under the age of 15, a Class 2 felony, after signing a plea agreement in May. As part of the deal, a second count of child molestation was dismissed.

Under the agreement, Mancinas would face up to 20 years in prison, would have to register as a sex offender and face a maximum fine of $150,000.

Mancinas had previously accepted another plea agreement with the County Attorney’s Office that would have given him a maximum prison term of 10 years, but Fink rejected the deal in October 2014 on the grounds that the 10-year-cap was “unduly low.”

On Monday, Fink tentatively scheduled a new sentencing hearing on Nov. 2, pending the outcome of Mancinas’ potential withdrawal from the new plea deal.

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