By Julian Navarro
SACRAMENTO – A Sacramento male was caught in an undercover sting operation where the defendant indicated he would offer a minor a ride, then allegedly have sex with the underage teen.
Judge Patrick Marlette here Thursday in Sacramento County Superior Court refused to agree to a defense motion to strike a strike, because of that sexual intent and the seriousness of the crime allegedly committed by defendant Jesus Cruzborja.
Cruzborja was charged with allegedly committing, on July 16, three felonies involving communicating with a minor with the intent to commit sex, meeting with a minor to commit lewd acts, and attempting lewd acts with a minor under the age of 14.
Assistant Public Defender Guy Danilowitz wanted the judge to dismiss the prior against his defendant by using a so-called “Romero” motion to removea strike for a strike so his defendant Cruzborja 
would be eligible for probation.
Defendant Cruzborja has a prior conviction from Feb. 1, 2013, in Yuba County where he was convicted of a serious felony—using a beer can in an argument where he hurt a former friend. Cruzborja was sentenced to six years in prison in 2013 and was later released in 2016.
Danilowitz stated that defendant Cruzborja has been law-abiding since 2016. Cruzborja’s girlfriend believes that the incident that occurred in 2013 was out of character for Cruzborja. Cruzborja’s sister has said the same thing.
In the current case, Cruzborja was allegedly responding to a decoy “ad” posted by law enforcement trying to entice someone to commit a crime with a minor.
The decoy “ad” said the minor was asking for a ride. Cruzborja responded and in a back in forth discussion indicated he had unlawful sexual intentions.
Cruzborja arrived at the scene as instructed by the undercover officers and was arrested.
Deputy District Attorney Bruce Chang argued that, during the incident of 2013, Cruzborja was under felony probation when he committed his first prior strike. Chang added that, during the sting incident, it was said that the fictitious girl victim who was asking for a ride was a 13-year-old. Cruzborja replied “Hella young” but he agreed to meet up with her anyway.
Once the officers asked Cruzborja why he was there, at the sting location, and he replied that he was there to perform sexual acts. Chang said he drove quite a far distance from Yuba County to have sex with one that he believed to be a young teen.
Given the prior criminal history and background of Cruzborja, DDA Chang believes the defendant doesn’t warrant removing a strike for a strike.
Cruzborja also has a bench warrant from Sutter County for $11,000 but it is pending at the moment.
The next court hearing is on Dec. 17, 2020, at 8:30 a.m. in Sacramento, Department 63.
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