People v. Myers CA3

BACKGROUND

On June 12, 2015, defendant and M.C. went to a concert in Wheatland. In the parking lot before the concert, M.C. drank to the point of intoxication, and, feeling sick, retired to the cab of defendant’s truck. Defendant went to the truck and had intercourse with M.C., who repeatedly said no and threw up. M.C. contacted law enforcement shortly thereafter. Defendant admitted M.C. was drunk and sick. He initially denied having sex with her, but later said he had consensual sex with M.C. Defendant pleaded no contest to forcible rape. (Pen. Code, § 261, subd. (a)(2).) The trial court sentenced defendant to a stipulated three-year state prison term, imposed various fines and fees including an $1,140 Penal Code section 290.3 fine and assessments, and awarded 49 days of presentence credit (43 actual and 6 conduct). Defendant appeals. He did not obtain a certificate of probable cause.

DISCUSSION

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court review the record and determine whether there are any arguable issues on appeal. (Wende, supra, 25 Cal.3d 436.) Defendant was advised by…