People v. Irra CA4/1 ( 2016 )

Filed 5/17/16 P. v. Irra CA4/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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.
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D068890
Plaintiff and Respondent,
v. (Super. Ct. No. SCD259816)
JESUS GABRIEL IRRA,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, Howard H.
Shore, Judge. Affirmed.
Jill M. Klein, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance for Plaintiff and Respondent.
Jesus Gabriel Irra appeals from a judgment following a jury verdict finding him
guilty of corporal injury to a fellow parent (Pen. Code, § 273.5, subd. (a));1 false
1 Unless otherwise indicated, all further statutory references are to the Penal Code.
imprisonment (§§ 236, 237, subd. (a)); and three counts of disobeying a court order
(§ 273.6, subd. (a)). The trial court sentenced Irra to prison for a term of four years.
Appointed appellate counsel filed a brief presenting no argument for reversal, but
inviting this court to review the record for error in accordance with People v. Wende
(1979) 25 Cal.3d 436 (Wende). Irra has not responded to our invitation to file a
supplemental brief. After having independently reviewed the entire record for error as
required by Anders v. California (1967) 386 U.S. 738 (Anders) and Wende, we affirm.
I
FACTUAL AND PROCEDURAL BACKGROUND
Irra and the victim Vanessa V. were in a dating relationship. Vanessa V. became
pregnant with Irra's child, but broke off the dating relationship before giving birth in
August 2014. On September 16, 2014, Vanessa V. arranged to meet Irra outside her
house inside his car to give her some money for the child. Vanessa V. testified that in the
car Irra had sexual intercourse with her against her will, as well as physically injuring her
by twisting and bruising her arm and hitting her in the head. Irra testified that the sexual
intercourse was consensual, but he became angry with Vanessa V. during the encounter
and hurt her arm.
Vanessa V. obtained a restraining order against Irra on September 26, 2014, but
there was evidence that Irra violated the restraining order on several occasions by making
contact with Vanessa V. Vanessa V. also testified that her vehicle was vandalized in
October 2014, and she suspected that Irra was the perpetrator.
2
Irra was charged with forcible rape (§ 261, subd. (a)(2)); corporal injury to a
fellow parent (§ 273.5, subd. (a)); false imprisonment (§§ 236, 237, subd. (a)); petty theft
(§ 484); and four counts of disobeying a court order (§ 273.6, subd. (a)).
At trial, the jury found Irra guilty of corporal injury to a fellow parent (§ 273.5,
subd. (a)); false imprisonment (§§ 236, 237, subd. (a)); and three counts of disobeying a
court order (§ 273.6, subd. (a)). The jury found him not guilty of petty theft (§ 484) and
one of the counts of disobeying a court order (§ 273.6, subd. (a)). The jury was unable to
reach a verdict on the forcible rape count, and the People eventually dismissed that
charge.
At sentencing, the trial court denied probation, explaining that the factors in
support of a denial of probation outweighed those in support. It then sentenced Irra to
prison for a term of four years.
Irra filed a notice of appeal.
II
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the facts and
proceedings in the trial court. Counsel presented no argument for reversal but invited this
court to review the record for error in accordance with Wende, supra, 25 Cal.3d 436.
Pursuant to Anders, supra, 386 U.S. 738, counsel identified as a possible but not arguable
issues (1) whether the evidence was sufficient to support a finding that Irra committed
false imprisonment; and (2) whether the trial court abused its discretion in denying
probation.
3
After we received counsel's brief, we gave Irra an opportunity to file a
supplemental brief, but Irra did not respond.
A review of the record pursuant to Wende, supra, 25 Cal.3d 436, and Anders,
supra, 386 U.S. 738, including the issue suggested by counsel, has disclosed no
reasonably arguable appellate issue. Irra has been adequately represented by counsel on
this appeal.
DISPOSITION
The judgment is affirmed.
IRION, J.
WE CONCUR:
HUFFMAN, Acting P. J.
AARON, J.
4