People v. Badillo CA6

Filed 7/29/14 P. v. Badillo CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, H039889 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. CC955073)

v.

JUAN VINCENT BADILLO,

Defendant and Appellant.

In October 2013, pursuant to a negotiated plea, defendant Juan Vincent Badillo pleaded no contest to six felonies that arose out of two incidents that occurred in 2009, including: one count of first degree robbery, three counts of forcible rape, one count of forcible oral copulation, and one count of forcible sexual penetration. The trial court sentenced defendant to 38 years in prison and imposed fines and fees. We appointed counsel to represent defendant in this court. Appointed counsel filed an opening brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), which stated the case and the facts, but raised no specific issues on appeal. We notified defendant of his right to submit written argument in his own behalf within 30 days. That period has elapsed, and we have received no written argument from defendant. We will affirm.

FACTS1

Defendant and three other men committed a series of robberies against Asian female prostitutes in the cities of San José and Santa Clara. Posing as “clients,” defendant and the others gained access to the apartments where the prostitutes worked and robbed them; sometimes the men also committed sex crimes against the women. After he was arrested, defendant told police officers that he and his codefendants targeted Asian prostitutes because these women often worked on their own and did not have security. Defendant estimated that he had participated in 20 to 30 robberies. At the preliminary hearing, the prosecution presented evidence relating to four separate incidents, focusing on crimes that occurred on August 18 and September 9, 2009. The witnesses included three victims—all of whom testified through Korean interpreters—as well as San José Police Sergeant Johnson Fong and Santa Clara Police Detective Kurt Clarke. The victims’ last names were redacted; their first names were Sera, Soo, and Gyue.