People v. Sanchez CA6

Filed 8/14/20 P. v. Sanchez CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, H047621 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1653125)

v.

JULIO ANGELO SANCHEZ,

Defendant and Appellant.

Pursuant to a plea agreement, defendant Julio Angelo Sanchez pleaded no contest to one count of rape by force (Pen. Code, § 261, subd. (a)(2)),1 and one count of rape by an intoxicating substance (id. subd. (a)(3)). Sanchez was sentenced to a total term of 12 years in prison. We appointed counsel to represent Sanchez in this court. Appointed counsel filed an opening brief which states the case and the facts but raises no specific issues. We notified Sanchez 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 Sanchez. I. FACTUAL AND PROCEDURAL BACKGROUND2 On October 28, 2016, Jane Doe 1 went to dinner with some friends in Campbell but later that evening, she ended up at a bar by herself. She was extremely intoxicated

1 Unspecified statutory references are to the Penal Code. 2 Because Sanchez entered into a negotiated plea agreement, we derive the facts relating to his offenses from the probation report, the testimony presented at the preliminary hearing and other documents included in the record on appeal.

and the only thing she remembered from the rest of the evening was walking past the bouncers into the bar. She awoke the next morning, with a man she did not recognize on top of her with his penis in her vagina. She was naked and lying on a bed and, at first, thought she might be in her own apartment but quickly realized she was not. She told the man, later identified as Sanchez, to get off. He replied, “ ‘Hold on, hold on,’ ” and was holding her down by the shoulders. She felt “wet stuff” on her and she jumped up and wiped her body off with the blanket. She was angry, asking what was going on and where she was. She grabbed her clothes and got dressed. Because she was scared and wanted to get home safely, she realized she should not yell at or argue with Sanchez. Sanchez told her that someone threw her in the back of his taxi the night before. Sanchez asked her to stay, but Jane Doe 1 told him she needed to get home and that she had a boyfriend. When she asked Sanchez for her phone, he told her he would drive her home. Sanchez drove her to her apartment complex, but she did not want him to know exactly where she lived so she had him drop her off in front of the complex. She ran to her apartment, changed her clothes, and called her mother and her brother to tell them what happened. She went to the hospital that morning and reported that she had been raped. Campbell police officers responded to Kaiser Santa Clara on a report of a woman who came to the emergency room saying she had been raped in Campbell. Officers spoke with Jane Doe 1, who initially said she did not want to involve the police and did not know anything about the perpetrator other than that he was a cabdriver. Jane Doe 1 reported that she woke up to a man having sex with her and he drove her home in a cab afterwards. Jane Doe 1 then agreed to a sexual assault response team (SART) exam, her clothes were collected, and samples were taken from her. Jane Doe 1 later informed police that she believed she left a pair of black, fingerless gloves with a skeleton pattern on them at the perpetrator’s apartment.