People v. Macias CA4/1

Filed 8/14/20 P. v. Macias CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D076930

Plaintiff and Respondent,

v. (Super. Ct. No. JCF000979)

MARCOS MACIAS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Imperial County, Poli Flores, Jr., Judge. Affirmed.

Janice R. Mazur, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. BACKGROUND On June 25, 2018, law enforcement responded to a call regarding a sex offense in Salton City. They met with the victim, a minor, who was emotional and crying. She told the deputies that she had been molested by her father, defendant Marcos Macias, for the past year, starting when she was 14 years old and in the eighth grade. She stated the sexual encounters

included sexual intercourse, and they happened once or twice a week, the most recent occurring the night before. At first defendant denied any wrongdoing but when told the victim’s exam showed his DNA inside her, he stated she had initiated the contact. At that time the police did not have the DNA information. On September 27, 2019, a jury found defendant guilty of one count of

forcible rape on a child victim over 14 years old in violation of Penal Code1 section 261, subdivision (a)(2) (count 1). It was not able to reach a verdict on counts 2–8 and a mistrial was declared as to those counts. At a pretrial conference on October 16, 2019, an agreement was reached whereby defendant pled no contest to forcible oral copulation, with a stipulated sentence of the low term of seven years on the previously found guilty verdict on count 1, and the low term of six years on count 5 to be served consecutively, for a total prison term of 13 years. Defendant was required to register as a sex offender pursuant to section 290. Under the plea, all remaining counts were dismissed. Defendant waived his right to appeal the conviction of count 1. Defendant also agreed to waive any denial of his 1538.5 motion, issues related to strike priors, and any stipulated sentence. On the same day, defendant reviewed the plea agreement as to count 5, and accepted his plea to that count. Defendant filed a timely notice of appeal. ANALYSIS After consulting with Appellate Defenders Inc., and thoroughly reviewing the record, appellate counsel has filed a brief in accord with the procedures outlined in People v. Wende (1979) 25 Cal.3d 436 (Wende), and Anders v. California (1967) 386 U.S. 738 (Anders). She requests we conduct