People v. Wade CA3

Filed 11/8/22 P. v. Wade CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Yuba) ----

THE PEOPLE, C094386

Plaintiff and Respondent, (Super. Ct. No. CRF201016)

v.

MARVIN WADE, JR.,

Defendant and Appellant.

In the spring of 2020, a mother and her 14-year-old daughter (Doe) began living with defendant Marvin Wade, Jr. One night, defendant had sex with Doe. At trial a factual dispute was whether defendant physically forced Doe to have sex with him that night. To support his trial theory, defendant argued he and Doe had consensual sex a second time the following day at a lakeside park after he took Doe to get her nails done. Doe denied a second sexual incident and insisted she did not accompany defendant to a…