People v. Tekeste CA4/1

Good Law
Court of Appeal of CaliforniaJune 4, 2024D082458California1,735 words

Opinion

Opinion

INTRODUCTION

Degol S. Tekeste was charged with rape of Jane Doe by means of force, violence, duress, menace or fear of immediate and unlawful bodily injury (Pen. Code, § 261, subd. (a)(2); count 1 [undesignated statutory references are to the Penal Code]) and rape of Doe while she was prevented from resisting by an intoxicating substance and this condition was reasonably known or reasonably should have been known by Tekeste (§ 261, subd. (a)(3); count 2). A jury convicted Tekeste of both charges. He was sentenced to serve a total prison term of three years. Tekeste appeals. His appointed appellate counsel filed an opening brief raising no arguable issues and requesting that we exercise our discretion to review the record for potential issues under People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders). We issued an order giving Tekeste an opportunity to file his own supplemental brief, but he has not done so. We have independently reviewed the record and find no arguable issue that would result in a modification or reversal of the judgment. Accordingly, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

I. Trial Evidence In November 2020,…

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