People v. Wilkins CA2/8

Filed 12/26/23 P. v. Wilkins CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B329576

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA095128-01) v.

OLLIE WILKINS,

Defendant and Appellant.

APPEAL from final judgment of the Superior Court of Los Angeles County. Hayden Zacky, Judge. Affirmed. John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. _____________________________

Defendant Ollie Wilkins appeals from his judgment of conviction for count 1, assault with intent to commit rape or

sodomy (Penal Code1 § 220, subd. (a)(1)); and count 2, resisting an executive officer (§ 69). The trial court also found that Wilkins was previously convicted of four serious felonies which would qualify as strikes under sections 667, subdivision (d), and 1170.12, subdivision (b). Wilkins’s appellate counsel filed a brief asking this court to proceed under People v. Wende (1979) 25 Cal.3d 436 (Wende). We affirm. On August 19, 2020, Brenda P. sat in her car waiting for her sister to arrive at a gas station parking lot in Sylmar. She propped open the door with her foot to allow ventilation when Wilkins approached and asked for a ride. Wilkins asked three times for a ride, and she refused. Wilkins placed his hand on the car door, and after his third request, he began groping Brenda P. as Wilkins pulled open the car door. Wilkins’s torso was inside the car as Brenda P. sat in the driver seat. Then Wilkins placed his hands toward Brenda P.’s breast and groin area. As he touched her breasts, he placed his hands over her clothes before touching her bare breast. Wilkins tried to kiss Brenda P., and his lips touched her nose and her face mask. Brenda P. told Wilkins she was pregnant, and Wilkins backed away for a moment before continuing to grope her. As he groped her, Wilkins told Brenda P. that she was going to make him come. During the struggle, Wilkins made similar comments four to five times at most. Brenda P. tried to push Wilkins’s hands away, told him not to do it, and closed her knees to protect her groin. During the struggle, Wilkins stretched out her t-shirt and ripped her pants, medical scrubs, on one side. Wilkins ripped Brenda P.’s pants as he leaned forward and tried to force her to lie down across the driver