People v. Kingery CA4/1

INTRODUCTION

In October 1987, the partially nude and lifeless body of 26-year-old Julia Hernandez Santiago was found under an Acacia tree on an ivy-covered hillside in Carlsbad. She had been raped and strangled. Her murder remained unsolved for more than 30 years until a hit in the Combined DNA Index System (CODIS) matched James Charles Kingery’s DNA to sperm collected from Santiago’s body. In May 2023, a jury convicted Kingery of the

first degree murder (Pen. Code,1 § 187, subd. (a)) and forcible rape (§ 261, former subd. (2)) of Santiago. He was sentenced to a prison term of 25 years to life. Kingery 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 Kingery 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.

BACKGROUND

I. Trial Evidence At…