From Casetext: Smarter Legal Research

People v. Condori

California Court of Appeals, Second District, Fourth Division
Mar 28, 2008
No. B200362 (Cal. Ct. App. Mar. 28, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. NESTOR TURPO CONDORI, Defendant and Appellant. B200362 California Court of Appeal, Second District, Fourth Division March 28, 2008

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

APPEAL from a judgment of the Superior Court of Los Angeles County Super. Ct. No. LA053645, Darlene E. Schempp, Judge.

William D. Farber, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

SUZUKAWA, J.

Nestor Turpo Condori appeals from the judgment entered following a court trial in which he was convicted of sodomy by use of force (Pen. Code, § 286, subd. (c)(2)). He was sentenced to prison for the low term of three years and ordered to pay restitution to the victim in the amount of $1,373.

He was acquitted of assault with intent to commit a felony. (Pen. Code, § 220.)

FACTUAL AND PROCEDURAL SUMMARY

On September 27, 2006, after dinner, appellant and his friend and roommate Evelyn M. went to Zuma Beach where they drank beer and went into the ocean. While in the water, appellant came up behind her, grabbed her, and threw her down onto the sand. He said he was sorry and then removed her underwear and sodomized her. Ms. M. struggled and screamed loudly, telling him she was going to kill him for what he was doing to her. After the attack, Ms. M. ran onto Pacific Coast Highway, where she flagged down Allan Prescott, a motorist. She was hysterical and told him that she had been on a date and that her date left her at the beach. While Mr. Prescott was reporting the incident to a 911 operator, Ms. M. then stated, “He raped me, he raped me, he raped me.” When appellant appeared at Mr. Prescott’s car, Mr. Prescott told Ms. M. to get into the car and they drove away with appellant following them. Sheriff’s deputies responded and Ms. M. was taken to the hospital where she was observed to be tearful, distraught, and agitated. She was examined and found to have lacerations and bruises on her body and a tear to her anal area, consistent with the sodomy. Ms. M. claimed she was suffering an asthma attack while in the ocean and signaling for appellant to help her just before he came up behind her. She and appellant had never been romantic and had been just friends.

Appellant claimed they had consensual sexual relations and that when he and Ms. M. got into the ocean she started kissing him and rubbing his penis. Appellant penetrated Ms. M. from the back. Ms. M. told him “take it out, take it out,” which he did and he then realized she was suffering an asthma attack. Ms. M. then accused him of raping her. When he saw Ms. M. in the other man’s vehicle, he believed she was in danger.

After review of the record, appellant’s court-appointed counsel filed an opening brief requesting this court to independently review the record pursuant to the holding of People v. Wende (1979) 25 Cal.3d 436, 441.

On December 7, 2007, we advised appellant that he had 30 days within which to personally submit any contentions or issues which he wished us to consider. No response has been received to date.

We have examined the entire record and are satisfied that no arguable issues exist and that appellant has, by virtue of counsel’s compliance with the Wende procedure and our review of the record, received adequate and effective appellate review of the judgment entered against him in this case. (Smith v. Robbins (2000) 528 U.S. 259, 278; People v. Kelly (2006) 40 Cal.4th 106, 112-113.)

DISPOSITION

The judgment is affirmed.

We concur:

EPSTEIN, P.J., WILLHITE, J.


Summaries of

People v. Condori

California Court of Appeals, Second District, Fourth Division
Mar 28, 2008
No. B200362 (Cal. Ct. App. Mar. 28, 2008)
Case details for

People v. Condori

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. NESTOR TURPO CONDORI, Defendant…

Court:California Court of Appeals, Second District, Fourth Division

Date published: Mar 28, 2008

Citations

No. B200362 (Cal. Ct. App. Mar. 28, 2008)