People v. Trapani CA6

Filed 8/13/25 P. v. Trapani CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H052195 (Santa Clara County Plaintiff and Respondent, Super. Ct. Nos. F1767051, F1900326)

v.

JOSEPH JOHN TRAPANI,

Defendant and Appellant.

Defendant Joseph John Trapani pleaded no contest to charges of forcible rape, rape by an intoxicating substance, inflicting corporal injury upon a cohabitant, and making criminal threats. He admitted the rape victim was particularly vulnerable, and he admitted he had suffered a prior conviction for a serious and violent felony. In accord with a plea agreement, the trial court imposed an aggregate sentence of 23 years in state prison. We appointed counsel, who filed an opening brief stating the case and the facts but raising no specific issues. We notified Trapani of his right to submit written argument on his own behalf within 30 days, and we received no response. We reviewed the entire record under People v. Wende (1979) 25 Cal.3d 436 (Wende). (See also People v. Kelly (2006) 40 Cal.4th 106 (Kelly).) We conclude there is no arguable issue on appeal, and we affirm the judgment.

I. FACTUAL AND PROCEDURAL BACKGROUND A. Procedural Background In 2018, the prosecution charged Trapani with 19 counts in case No. F1767051: count 1—rape by force, violence, duress, menace, or fear (Pen. Code, § 261, subd. (a)(2))1; count 2—sodomy by a person over age 21 with a person under age 16 (§ 286, subd. (b)(2)); counts 3, 4, 7, 8, 16, and 17—oral copulation with a minor under age 16 (§ 288a, subd. (b)(2)); counts 5, 6, 10, 11, 12, 18, and 19—unlawful sexual intercourse where the defendant is age 21 or older and the minor is under age 16 (§ 261.5, subd. (d)); count 9—lewd or lascivious act on a child of age 14 or 15 (§ 288, subd. (c)(1)); and counts 13, 14, and 15—rape by an intoxicating, anesthetic, or controlled substance (§ 261, subd. (a)(3)). The prosecution further alleged Trapani had suffered three prior serious or violent felony convictions (§ 667, subds. (b)-(i)) and one prior serious felony conviction (§ 667, subd. (a)). In 2019, the prosecution charged Trapani with two counts in case No. F1900326: count 1—inflicting corporal injury resulting in a traumatic condition on a cohabitant (§ 273.5, subd. (a)); and count 2—criminal threats (§ 422, subd. (a)). The prosecution further alleged Trapani was out of custody on bail at the time he committed the offenses (§ 12022.1) and that he had suffered three prior serious or violent felony convictions (§ 667, subds. (b)-(i)). In 2024, the parties entered a plea agreement for a disposition in both cases. In case No. F1767051, Trapani pleaded no contest to count 1 (forcible rape) and count 14 (rape by an intoxicating substance). As to count 1, he admitted that the victim was particularly vulnerable. (Cal. Rules of Court, rule 4.421(a)(3).) He further admitted he had suffered a prior serious or violent felony conviction. (§ 667, subds. (b)-(i).) In case