People v. Loera CA2/7

Filed 8/27/24 P. v. Loera CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B332216

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA512237) v.

MATTHEW LOERA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Mark S. Arnold, Judge. Affirmed. Jennifer A. Gambale, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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INTRODUCTION Matthew Loera appeals from his convictions pursuant to a plea of no contest for assault with intent to commit rape, sexual penetration by use of force, and attempted forcible rape. We appointed counsel to represent Loera in this appeal. Loera’s appointed counsel reviewed the record and did not identify any arguable issues. (People v. Wende (1979) 25 Cal.3d 436.) Nor, after reviewing the record independently, have we. Therefore, we affirm. FACTUAL AND PROCEDURAL BACKGROUND In an information, the People charged Loera with one count of assault with intent to commit a felony (Pen. Code, § 220, subd. (a)(1); count 1)1; sexual penetration by use of force (§ 289, subd. (a)(1)(A); count 2); and attempted forcible rape (§§ 261, subd. (a)(2), 664; count 3). As to count 1, the People alleged Loera “unlawfully assault[ed] Antonia Doe [Doe] with the intent to commit rape, sodomy, oral copulation and a violation of sections 264.1, 288 and 289.” As to count 2, the People alleged Loera “committed an act of sexual penetration against the will of [Doe] by means of force, violence, duress, menace and fear of immediate and unlawful bodily injury.” As to count 3, the People alleged Lara “unlawfully attempt[ed] to have and accomplish an act of sexual intercourse” with Doe against her will. As to all three counts, the information alleged six aggravating factors within the meaning of California Rules of Court, rule 4.421(a)(1), (a)(3), (b)(1), (b)(2), and (b)(5), and rule 4.408. Loera filed a brief arguing the three counts charged amounted to a single criminal act of attempted rape, and thus he