People v. Clark CA3

Filed 4/28/22 P. v. Clark CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yolo) ----

THE PEOPLE, C092864

Plaintiff and Respondent, (Super. Ct. No. CRF16722)

v.

BRANDON ALLAN CLARK,

Defendant and Appellant.

Appointed counsel for defendant Brandon Allan Clark asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment. I The factual background is based on testimony at the preliminary hearing, to which the parties stipulated as the factual basis for defendant’s plea. Davis Police Officer John

1

Evans received a report about a sexual assault that had occurred two days earlier at a self- storage unit in Davis. The victim, M.R., reported that on November 21, 2015, she met a man, later identified as defendant, in front of the self-storage business where defendant rented a storage space. After speaking for a while, she agreed to accompany him into his storage unit. Video surveillance and storage facility records showed defendant using a gate code to enter the premises with M.R. When they arrived at his storage unit, defendant offered M.R. whiskey, Ecstasy, and methamphetamine, which they both consumed. After drinking and taking the drugs, M.R. said defendant started to come on to her, talked about getting naked, and tried to kiss her; he told her he was “horny” and took off his shirt. M.R. declined defendant’s advances multiple times. Defendant placed his hands on M.R.’s shoulders while she was seated on an ottoman, pushed her down, and told her he was going to rape her. Defendant also threatened to cut M.R. up and put her in a bag. M.R. was scared and told defendant she would scream to alert people she was in his storage unit. Defendant then retrieved a roll of duct tape and placed a piece over M.R.’s mouth. M.R. kicked defendant in the groin, which caused defendant to step back and release his grip on her. M.R. stood up and ran out. Video surveillance captured her leaving the facility alone. M.R. later identified defendant in a photographic lineup as the man who attacked her. At the time, defendant was on searchable probation. During a subsequent search of defendant’s storage unit, officers found an operable bolt-action rifle, an opened bottle of whiskey, a roll of duct tape that had been previously used, and a chair or ottoman. In April 2016, defendant was charged in Yolo County case No. 16-0722 (Yolo County case) with assault with intent to commit sexual assault (Pen. Code, § 220, subd. (a)(1) -- count 1),1 false imprisonment with force and violence (§§ 236, 237,