People v. Loera CA2/7

INTRODUCTION

Matthew Loera appeals from his convictions pursuant to a plea of no contest for assault with intent to commit rape, sexual penetration by use of force, and attempted forcible rape. We appointed counsel to represent Loera in this appeal. Loera’s appointed counsel reviewed the record and did not identify any arguable issues. (People v. Wende (1979) 25 Cal.3d 436.) Nor, after reviewing the record independently, have we. Therefore, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In an information, the People charged Loera with one count of assault with intent to commit a felony (Pen. Code, § 220, subd. (a)(1); count 1)1; sexual penetration by use of force (§ 289, subd. (a)(1)(A); count 2); and attempted forcible rape (§§ 261, subd. (a)(2), 664; count 3). As to count 1, the People alleged Loera “unlawfully assault[ed] Antonia Doe [Doe] with the intent to commit rape, sodomy, oral copulation and a violation of sections 264.1, 288 and 289.” As to count 2, the People alleged Loera “committed an act of sexual penetration against the will of [Doe] by means of force, violence, duress, menace and fear of immediate and unlawful bodily injury.” As to count 3, the People alleged…