People v. Metias CA5

INTRODUCTION

Appellate counsel for appellant Ramy Roushdy Tawfik Metias filed an opening brief summarizing the pertinent facts and raising no issues but asking this court to review the record independently. (See People v. Wende (1979) 25 Cal.3d 436 (Wende).) The opening brief includes a declaration from appellate counsel stating that Metias was advised of his right to file a brief of his own with this court. By letter dated March 12, 2024, we also invited Metias to submit additional briefing. To date, we have not received a response from him. Pursuant to Wende, supra, 25 Cal.3d 436, we have reviewed the entire record. Finding no arguable error that would result in a disposition more favorable to Metias, we affirm.

FACTUAL AND PROCEDURAL HISTORY

On February 24, 2023, the Merced County District Attorney filed a first amended information charging Metias with rape of an intoxicated person (Pen. Code,1 § 261, subd. (a)(3), count 1); sexual battery by restraint (§ 243.4, subd. (a), count 2); assault with the intent to commit rape (§ 220, subd. (a)(1), count 3); and attempting to destroy or conceal evidence, a misdemeanor (§§ 664/135, count 4). On June 13, 2023, the trial court…