People v. Mejia CA1/1

Filed 10/14/25 P. v. Mejia CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, A172242 v. ANASTACIO MEJIA, (Marin County Super. Ct. No. SC213541A) Defendant and Appellant.

Defendant Anastacio Mejia appeals following his guilty plea of felony rape (Pen. Code, § 261, subd. (a)(2)).1 After the trial court denied defendant’s request for a certificate of probable cause, defendant’s appointed appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, raising no issues and requesting this court independently review the record to determine whether any arguable issues exist on appeal. Defendant did not file a supplement brief or letter after counsel and this court sent him written notice of his right to do so. Having independently reviewed the record and discerning no arguable issues, we affirm.

1 All further statutory references are to the Penal Code.

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BACKGROUND2 Jane Doe first met defendant when she was seven or eight years old after he moved into Doe’s family home. When Doe was 11 years old, defendant began making sexual advances toward her, touching her breasts, arms, and between her legs. Defendant also had Doe touch and perform oral sex on him. When she told him she did not like it, he would hold her head forcing her to perform it. Doe would perform oral sex on defendant once or twice a week, and defendant would touch Doe “continually.” Doe tried, unsuccessfully, to push defendant’s hands away. On one occasion, she tried hiding from him and another time, she tried kicking him. When she was 12, defendant put Doe on the couch on all fours and inserted his penis into Doe’s anus. Around the same time, defendant began inserting his fingers into Doe’s vagina and had her touch his penis. When Doe would push him away, he would threaten that God would punish her or her infant nephew. He also told Doe sex would not hurt and threatened to show her using her nephew. When Doe was around 13 years old, defendant had sex with her for the first time in the car outside of Doe’s high school. After that, he continued to have sex with Doe at least once a week, asking her to skip classes. He would take her to a shopping center parking lot, hold her down, and threaten her that God would punish her nephew if she did not have sex with him. When defendant wanted to have anal sex with Doe, she refused. He had her take a pregnancy test and told her it was positive and that the only way to lose the baby, was by having anal sex. He then forced her to have anal sex by holding her down. Afterwards, defendant had her retake the pregnancy test and told