Filed 9/16/26 P. v. Tucker CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
THE PEOPLE,
F089946
Plaintiff and Respondent,
(Super. Ct. No. F24908460)
v.
JONATHAN A. TUCKER, OPINION
Defendant and Appellant.
THE COURT*
APPEAL from a judgment of the Superior Court of Fresno County. Robert
Mangano, Judge.
Ashwini Mate, under appointment by the Court of Appeal, for Defendant and
Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and
Respondent.
-ooOoo-
* Before Franson, Acting P. J., DeSantos, J. and Sandhu, J.
INTRODUCTION
Appellant and defendant Jonathan A. Tucker (defendant) pleaded no contest to
one count of oral copulation of a person under 17 years (Pen. Code,1 § 287, subd. (b)(1))
pursuant to a negotiated disposition for dismissal of other charges and probation.
On appeal, appellate counsel filed a brief that summarized the facts with citations
to the record, raised no issues, and asked this court to independently review the record.
(People v. Wende (1979) 25 Cal.3d 436.) Defendant has not filed a supplemental brief.
We affirm.
FACTS
At defendant’s plea hearing, the parties stipulated to a factual basis for his plea
based on the preliminary hearing transcript and police reports. The following facts are
from the preliminary hearing held on January 7, 2025.
July 2024 Incident
K.B. testified that in 2023, she was living with her then-boyfriend but in a
domestic violence situation. K.B.’s boyfriend kept control of her cellphone until he was
arrested. When K.B. regained control of her device, she found social media messages
from defendant, where defendant said he was going to send “cash apps” so he could
perform sexual acts on K.B. K.B. knew defendant and members of his family, including
defendant’s girlfriend. K.B. told defendant’s family members about the messages, that
the messages were inappropriate, and he had to stop.
K.B. testified that in July 2024, defendant called her and said he was with his
girlfriend and they needed gas money. K.B. told defendant she had to hang up because
her three-year-old daughter was crying, and to send her a message.
Immediately after K.B. ended the call, defendant sent her the following message:
“[C]an I give you $200 to eat your daughter’s pussy.”
1 All further statutory citations are to the Penal Code.
2.
K.B. said she “saw red” because of this message. K.B. sent a reply to defendant
that he was a terrible person “who deserves to be put away behind bars for life,” and not
to message her ever again.
K.B. contacted the police, reported defendant’s message about her child, and
provided the message from her phone.
Detective Emily Eide of the Clovis Police Department interviewed K.B., and
determined the message was sent from an account with an IP address at a house on Paul
Avenue in Clovis. Defendant lived at that address with his girlfriend and their children,
and he was arrested there.
December 2024 Sexual Assault
On December 4, 2024, a woman contacted the Clovis Police Department and
reported that her granddaughter, Jane Doe, was sexually assaulted. Officer John
Montgomery responded to the call and interviewed Jane Doe, who was 17 years old.
Jane Doe was crying and upset, showed the officer a series of text messages, and
explained what happened to her.
Jane Doe said she was walking around her neighborhood and posting flyers about
a lost pet. Her cellphone number was on the flyers. Jane Doe answered a call from an
unfamiliar number, and a male voice asked if she had a boyfriend. Jane Doe said “no,”
the male said “good,” and he ended the call.
Jane Doe said shortly after the call ended, she received a text message from the
same phone number. The message stated the person wanted to “chill” with her and be
her boyfriend. Jane Doe texted back and asked if the person had any information about
her missing cat. Jane Doe also texted that she was 17 years old. The other person wrote
back: “ ‘Can we chill. I can eat your pussy, lick your ass.’ ” Jane Doe sent a reply, “
‘We don’t really know each other. You literally just called me. You’re also not telling
me how old you are. I don’t even know what you look like.’ ”
3.
Jane Doe said she exchanged additional messages with the person and they agreed
to meet. Jane Doe never agreed to have sex with him. Jane Doe eventually met a man at
a particular location on the street, and she later identified him as defendant.
Jane Doe said she walked around with defendant and followed him to a house on
Paul Avenue in Clovis. Jane Doe hung around with defendant in the garage, played with
a dog, and they talked as defendant went in and out of the house.
Jane Doe said defendant escorted Jane Doe to the side of the house and opened a
sliding door to go inside. Jane Doe went inside and discovered the door led directly to a
master bedroom and attached bathroom.
Jane Doe said she entered the bedroom and bathroom. Defendant went into the
bathroom with her and slapped her rear end. He closed the door and stood in front of it.
Defendant’s phone rang, and he took the call while he took off all his clothes.
Jane Doe said that when he undressed, she saw that defendant had an ankle
monitor on his leg and a large scar that looked like a bump on his right rib cage.
Jane Doe said defendant continued his phone conversation and got down on the
floor. Defendant was between Jane Doe and the bathroom door. He pointed in a
downward fashion and signaled at her to remove her pants. Jane Doe removed her pants
but kept her underwear on. Defendant pointed down to the floor and gestured to remove
her underwear.
Jane Doe said defendant was still talking on his phone when he grabbed her ankle,
pulled her closer to him, reached up to her body, and pulled down her underwear. Jane
Doe said she could feel defendant licking her vagina. Defendant got up from the floor,
left the bathroom, and closed the door.
Defendant returned to the bathroom within seconds, closed the door, and
continued his phone conversation. Jane Doe was sitting on the floor, and defendant
grabbed the back of her head, pulled her head toward his body, and forced his penis into
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her mouth for her to perform two acts of oral copulation. When defendant finished, he
left the bathroom and closed the door.
Jane Doe said defendant quickly returned to the bathroom again. He pulled her
toward him and forced Jane Doe to get on her hands and knees. He pushed her legs apart
and she felt “something” touch her rear area.
Jane Doe said defendant again walked out of the bathroom but left the door open.
She quickly dressed, ran out of defendant’s house, and went to her grandmother’s house.
Jane Doe said she did not want to perform any of the sex acts, she did not know
who defendant was, and she was afraid of him throughout the entire incident.
Montgomery testified Jane Doe pointed out the house where this happened, on
Paul Avenue in Clovis. Montgomery determined defendant was connected with that
address, and that there was a pending open case against him.
Later that day, Montgomery met with Jane Doe and asked her to review a
photographic lineup. Montgomery testified Jane Doe had a panic attack, she could not
stop crying, and she was too emotional to identify anyone.
Eide subsequently conducted another interview with Jane Doe, who stated that
when she went into the bathroom, defendant closed the door behind her and blocked it
with his body.
Eide showed another photographic lineup to Jane Doe, and she immediately
identified defendant as the man who assaulted her in the bathroom.
Eide testified the house on Paul Avenue was associated with the charges against
defendant based on K.B.’s report. Eide determined defendant had the ankle monitor
because he was placed on pretrial release after those charges were filed against him. Eide
checked the GPS coordinates from defendant’s ankle monitor, and the coordinates
confirmed Jane Doe’s statements about the time, date, and location where she met
defendant on the street. Eide obtained home security videos from neighbors around
5.
defendant’s house, and found videos that showed defendant and Jane Doe walking
together toward, and then in front of, defendant’s house on Paul Avenue.
PROCEDURAL BACKGROUND
On April 2, 2025, a first amended information was filed in Fresno County
Superior Court charging defendant with committing the following offenses against
Jane Doe, based on the sexual assault in the bathroom, on or about December 4, 2024:
count 1, contact or communication with a minor with the intent to commit a sexual
offense (§ 288.3, subd. (a)); count 2, oral copulation of a person under 17 years (§ 287,
subd. (b)(1)); count 3, forcible oral copulation with a minor who is 14 years of age or
older (§ 287, subd. (c)(2)(C)); and count 4, false imprisonment by violence (§ 236).
In count 5, defendant was charged with contact or communication with a minor,
Jane Doe 2, with intent to commit a sexual offense, on or about July 30, 2024, based on
defendant’s message to K.B. about her daughter (§ 288.3, subd. (a)).
As to counts 1–4, it was alleged defendant committed the offenses while on bail.
(§ 12022.1.) Aggravating factors were also alleged.
PLEA PROCEEDINGS AND SENTENCING
Felony Advisement Form
On April 2, 2025, defendant signed a “FELONY ADVISEMENT, WAIVER OF
RIGHTS, AND PLEA FORM,” that he was entering into a negotiated disposition to
plead no contest to count 2, oral copulation of a person under 17 years, Jane Doe, on
December 4, 2024, (§ 287, subd. (b)(1)), with dismissal of the remaining counts and
cases, imposition and suspension of the midterm, probation for two years, and
registration as a sex offender pursuant to tier two in section 290.006, subdivision (b).2
2 “For many years, California took a one-size-fits-all approach to sex offender
registration: If registration was required, registration was always for life.” (People v.
Franco (2024) 99 Cal.App.5th 184, 190 (Franco).) The sex offender registration statutes
have been amended “to create a three-tiered system, with offenders in each tier
6.
He initialed each paragraph that stated he understood and waived his constitutional rights,
he understood the provisions of the plea agreement, and he had sufficient time to consult
with his attorney.
Plea Hearing
Also on April 2, 2025, the trial court conducted the plea hearing. Defense counsel
stated defendant would plead no contest to count 2, oral copulation of a person under
17 years, Jane Doe, on December 4, 2024 (§ 287, subd. (b)(1)), pursuant to the negotiated
disposition stated in the felony advisement form, for dismissal of the remaining counts
and another pending case, with the prosecutor retaining the right to comment about the
dismissed counts, probation, and sex offender registration under tier two of section
290.006, subdivision (b).
In response to the trial court’s questions, defendant stated he read, initialed and
signed the felony advisement form, he understood the plea agreement, and he had
sufficient time to consult with his attorney. The court advised him of his constitutional
presumptively obligated to register for different periods of time depending on the degree
of risk they pose to the community.” (Id. at p. 191.)
“ ‘Tier 1’ is for sex offenders posing the least risk of recidivism. They may apply
for removal from the sex offender registry after 10 years. (§ 290, subd. (d)(1).)”
(Franco, supra, 99 Cal.App.5th at p. 191.) “Tier 2 is for sex offenders posing a medium
risk of recidivism. They may generally apply for removal from the sex offender registry
after 20 years (§ 290, subd. (d)(2)), although some Tier 2 offenders may apply for
removal after 10 years (§ 290.5, subds. (b)(1), (b)(2)).” (Franco, at p. 191.) “Tier 3 is
for sex offenders posing the greatest risk of recidivism. They are required to register for
life (§ 290, subd. (d)(3)), although there are exceptions under certain circumstances (id.
§ 290.5, subd. (b)(3)).” (Ibid.)
“Placement into Tier 1 and Tier 2 turns on the crime of which the defendant ‘was
convicted.’ (§ 290, subd. (d)(1)(A), (2)(A).) Placement into Tier 3 generally turns on the
crime of which the defendant ‘was convicted,’ but can also turn on the defendant’s ‘risk
level on the static risk assessment instrument for sex offenders (SARATSO),’ on his
recidivism, or on prior commitment to a state mental hospital as a sexually violent
predator.” (Franco, supra, 99 Cal.App.5th at p. 191.)
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rights, and defendant said he understood and waived those rights. The court also advised
him that the maximum possible punishment was three years, and defendant said he
understood.
Thereafter, defendant pleaded no contest to count 2, and the parties stipulated to
the preliminary hearing and the police reports for the factual basis. The trial court
granted the prosecution’s motion to dismiss the remaining charges and a pending
misdemeanor case, preserving the right to comment. Defendant was remanded into
custody without bail pending the sentencing hearing.
Sentencing
On May 2, 2025, the trial court conducted the sentencing hearing.
Jane Doe, the victim in count 2, addressed the trial court and stated she suffered
mental health issues after defendant sexually assaulted her, she was afraid to leave home,
and she had nightmares. One month after the assault, she was hospitalized because she
had suicidal thoughts. Jane Doe stated defendant assaulted her when he was on
conditional release for committing “a similar crime involving another minor” two months
earlier.
Jane Doe’s father also addressed the trial court and confirmed that Jane Doe
suffered mental health issues after defendant sexually assaulted her. He said his other
children were also affected by defendant’s crime because they lived in the same
neighborhood, and he feared for the safety of his other children if defendant was placed
on probation.
The trial court stated defendant was eligible for probation pursuant to the
negotiated disposition, and it would accept the parties’ agreement and place him on
probation.
The trial court suspended imposition of sentence for two years, and placed
defendant on probation for two years subject to certain terms and conditions, including
serving 365 days in jail with credit for time served, and ordered defendant to successfully
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complete a sex offender management program, participate in all treatment programs as
directed by the probation officer, and obey all laws, with search conditions for his person,
property, residence, and electronic devices. The court also imposed restitution fines and
fees.
The trial court ordered defendant to register as a sex offender with law
enforcement pursuant to section 290. The court found defendant’s case “would be a
tier two registration” pursuant to section 290.006, subdivisions (b) and (c)(3), and that
tier was appropriate based on the record and the parties’ stipulation.
The trial court stated defendant could reside and have contact with his
three biological children, but ordered defendant not to “frequent places where minors
congregate, such as carnivals, parks, playgrounds, schools, video arcades or theme parks
without the prior approval of the probation officer. Do not obtain employment which
would allow unsupervised contact with any minors.”
The trial court further ordered defendant “not to reside within a 2[,]000 foot radius
of any public or private school or park or where minors attend or where minors regularly
gather. [¶] I will grant at this time a limited exception for you to be allowed to remain in
your current residence …. While living at that current residence, you shall not go within
a 400 foot radius of the Mickey Cox Elementary School … in Clovis …. This limited
exception for the current residence will only apply until January 31, 2026. As of
February 1, 2026, you are subject to the 2[,]000 foot radius condition as stated.
Specifically as of February 1, 2026, you’re ordered not to reside within a 2[,]000 foot
radius of any public or private school or park where minors attend or where minors
regularly gather.”
The trial court served defendant with a criminal protective order (§ 136.2,
subd. (i)) prohibiting all direct and indirect contact with Jane Doe for 10 years.
9.
On June 2, 2025, defendant filed a timely notice of appeal from the trial court’s
sentencing hearing, and stated he was challenging the validity of his plea. His request for
a certificate of probable cause was denied.3
DISCUSSION
As noted above, defendant’s counsel filed a Wende brief with this court. The brief
also included counsel’s declaration that he exchanged emails with defendant explaining
his evaluation of the appellate record, intention to file a Wende brief, and advising
defendant he could file his own brief with this court. By letter on July 9, 2026, we
invited defendant to submit additional briefing. To date, he has not done so.
After independent review of the record, we find that no reasonably arguable
factual or legal issues exist.
DISPOSITION
The judgment is affirmed.
3 The instant appellate record includes reporter’s transcripts for hearings held after
sentencing. On May 23, 2025, the trial court convened a hearing on an allegation that
defendant violated probation in this case, and defense counsel requested a contested
hearing. On June 3, 2025, the court granted the parties’ motion to continue the probation
violation contested hearing. Any issues involving an alleged probation violation are not
implicated in the instant notice of appeal.
10.