People v. Fickas CA6

Filed 10/28/21 P. v. Fickas CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, H049001 (Monterey County Plaintiff and Respondent, Super. Ct. No. 19CR007433)

v.

JOHN ANTHONY FICKAS,

Defendant and Appellant.

Appointed counsel for appellant John Anthony Fickas has filed a brief asking this court to review the record to determine whether there are any arguable issues. (See People v. Wende (1979) 25 Cal.3d 436 (Wende).) Fickas was advised of the right to file a supplemental brief, and he has filed a response that we have considered. Finding no arguable error that would result in a disposition more favorable to Fickas, we affirm. I. FACTS AND PROCEDURAL HISTORY Jane Doe #1 met Fickas when she worked on his political campaign.1 She became intoxicated and Fickas drugged her, leading her to pass out. When she awoke, he was sexually penetrating her. Jane Doe #2 was 15 years old when she met Fickas, who was the husband of her math teacher. Jane Doe #2 needed to complete community service

These facts are drawn from the probation report prepared for Fickas’s sentencing. 1

The victims are referred to by pseudonyms to protect their privacy.

hours for her high school graduation, so she assisted Fickas on an election campaign. Fickas brought Jane Doe #2 to his house and gave her a drink. Jane Doe #2 then passed out. When she awoke Fickas’s pants were unzipped. She later realized he had sodomized her. Jane Doe #4 met Fickas at a rabbit show. They jointly attended a show in San Francisco. Fickas gave her an alcoholic drink, and Jane Doe #4 blacked out. When she woke up, she was naked and realized she had been sexually assaulted. Jane Doe #8 first met Fickas through his wife, who was Jane Doe #8’s math teacher. In addition, Fickas was Jane Doe #8’s field hockey and track coach. Jane Doe #8 began to help Fickas on political campaigns. Fickas gave Jane Doe #8 alcohol and began a sexual relationship with her when she was 15 years old. Fickas had between seven and ten sexual encounters with Jane Doe #8 before she turned 18 years old and never asked for her consent to any of the sex acts. John Doe met Fickas when he was 14 years old, and Fickas was his high school football coach. Fickas gave John Doe alcohol. Fickas located a prostitute and forced John Doe to perform a sexual act with the prostitute. Fickas was first charged by complaint on July 10, 2019. On January 22, 2021, Fickas was charged by amended information with rape by use of drugs (Jane Doe #1) (Pen. Code, § 261, subd. (a)(3); count 1),2 rape of an unconscious person (Jane Doe #1) (§ 261, subd. (a)(4); count 2), oral copulation of an unconscious person (Jane Doe #1) (§ 288A, subd. (f); count 3), oral copulation by anesthesia or controlled substance (Jane Doe #1) (§ 288A, subd. (i); count 4); sexual penetration by a foreign object (Jane Doe #1) (§ 289, subd. (d); count 5), sexual penetration by a foreign object (Jane Doe #1) (§ 289, subd. (e); count 6), rape by use of drugs (Jane Doe #2) (§ 261, subd. (a)(3); count 7), rape of an unconscious person (Jane Doe #2) (§ 261, subd. (a)(4); count 8), sodomy of an unconscious victim (Jane Doe #2) (§ 286, subd. (f); count 9), sodomy by anesthesia or controlled substance (Jane Doe #2) (§ 286, subd. (i); count 10); rape by use of drugs