People v. Chavez CA5

Filed 4/25/25 P. v. Chavez CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F088473 Plaintiff and Respondent, (Super. Ct. No. F18906822) v.

CESAR EDUARDO CHAVEZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Mark E. Cullers, Judge. John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Franson, J. and Smith, J.

INTRODUCTION Appellant and defendant Cesar Eduardo Chavez (appellant) pleaded no contest to multiple offenses for sexually assaulting two women, identified as Jane Doe I and Jane Doe II. He was sentenced to 21 years in prison. On appeal, appellate counsel filed a brief that summarized the facts with citations to the record, raised no issues, and asked this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant did not file a supplemental brief on his own behalf. We affirm. FACTS1 Counts 1−4 Jane Doe I (born 1996) and appellant made contact with each other through social media in September 2018. A few days after the online contact, she met appellant in person, they spent time together, and she liked him. On September 14, 2018, appellant drove to Jane Doe I’s house and picked her up, because they planned to go to a movie. Jane Doe I sat in the front passenger seat. Appellant drove to his own house and said he left the movie tickets there. Appellant went into his house and then returned to the car. Appellant drove to a location that was not near the movie theater, and parked next to some buildings. Jane Doe I said they were going to be late for the movie. Appellant replied they could go at a different time. Appellant said he wanted to have sex with her and it would be quick. Jane Doe I refused. Appellant said it was going to be fast, moved over to the front passenger seat, and got on top of her. Jane Doe I kept saying no and tried to push him away. Appellant

1 The following facts are from the preliminary hearing, which the parties stipulated to as the factual basis for appellant’s pleas. The two victims testified at that hearing.