People v. Bennett CA4/1

INTRODUCTION

A jury found Jacob Alan Bennett guilty of one count of rape of an

unconscious spouse (former Pen. Code, § 262, subd. (a)(3); count 1)1 and one count of oral copulation with an unconscious person (§ 287, subd. (f); count 2). The trial court sentenced Bennett to an aggregate term of three years in prison, consisting of the low term of three years for the oral copulation conviction and a concurrent low term of three years for the rape conviction. Bennett’s appointed appellate counsel has filed an opening brief asking our court to conduct an independent review of the record pursuant to Anders v. California (1967) 386 U.S. 738 (Anders) and People v. Wende (1979) 25 Cal.3d 436 (Wende). We granted Bennett the opportunity to file a supplemental brief on his own behalf and he has done so. After reviewing the briefing submitted by Bennett and his appointed appellate counsel, we affirm the judgment of conviction. II

BACKGROUND

Bennett and C.B. met in 2016 and got married in 2017. C.B. had two children of her own, and Bennett and C.B. had one child together. The marriage was plagued by fighting, domestic violence, and infidelity. Bennett and C.B. lived together until the…