People v. Smith CA4/1

Filed 11/5/25 P. v. Smith CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D085118

Plaintiff and Respondent,

v. (Super. Ct. No. JCF007627)

IVORY SMITH,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Imperial County, Christopher J. Plourd, Judge. Affirmed. Matthew Aaron Lopas, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. INTRODUCTION Ivory Smith appeals his conviction of two counts of felony battery upon

a non-confined person by a prisoner (Pen. Code,1 § 4501.5) and one count of simple assault (§ 240). His counsel has filed a brief seeking our independent

1 Statutory references are to the Penal Code unless otherwise specified.

review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 to determine whether there are any arguable issues for review. We sent Smith notice that his attorney had filed a Wende brief and provided him with the opportunity to file a supplemental brief. He has not responded. After our independent review of the record, we affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND On May 21, 2023, correctional officers Christian Espinoza and Ubaldo

Herrera conducted an afternoon standing count2 at Centinela State Prison. Officer Espinoza noticed Cell 236—Smith’s cell—had a cardboard window covering partially obstructing the view into the cell. Because inmates are not permitted to cover their cell windows, Officer Espinoza gave Smith a direct order to remove the window covering. Smith nodded in agreement, and Officer Espinoza continued with his count. Sergeant Joshua Irving, who was following behind the other officers, noticed Smith had not removed the covering, so he gave him two verbal commands to do so. Smith did not comply. After completing the count, the officers met with Sergeant Irving outside Cell 236. Sergeant Irving handcuffed Smith based on his suspicion that Smith had contraband in his cell. He later testified that Smith’s behavior and the obstructed view led to this suspicion. Sergeant Irving then turned Smith over to Officer Espinoza and instructed him to escort Smith to