People v. Ibarra CA5

Filed 3/11/26 P. v. Ibarra 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F088467 Plaintiff and Respondent, (Super. Ct. No. CR-22-002035) v.

JUAN FRANCISCO TAPIA IBARRA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Stanislaus County. Dawna Reeves, Judge. Cliff Gardner, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P. J., Detjen, J. and Harrell, J.

Appointed counsel for appellant Juan Francisco Tapia Ibarra asked this court to review the record to determine whether there are any arguable issues on appeal. (See People v. Wende (1979) 25 Cal.3d 436.) Counsel filed an opening brief that sets forth the facts relating to this appeal. Appellant was advised of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from appellant. Finding no arguable error that would result in a disposition more favorable to appellant, we affirm the judgment. The following is a brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) PROCEDURAL HISTORY The District Attorney of Stanislaus County filed a second amended information on April 2, 2024, charging appellant with the murder of Zobeyda Esquerra (Pen. Code,1 § 187, subd. (a); count I), the attempted murder of Cesar Z. (§§ 664, 187, subd. (a); count II), assault with a semiautomatic firearm (§ 245, subd. (b); count III), evading a peace officer (Veh. Code § 2800.2; count IV), robbery (§ 211; counts V, VI), stalking (§ 646.9, subd. (a); count VII), vandalism with damages over $400 (§ 594, subd. (b)(1); count VIII), and arson of a structure (§ 451, subd. (d); counts IX, X). The second amended information further alleged various circumstances in aggravation (Cal. Rules of Court, rule 4.421(a)(1), (8) & (b)(1)) as to all counts and special circumstances that appellant was lying in wait (§ 190.2, subd. (a)(15)) and personally and intentionally discharged a firearm causing great bodily injury (§ 12022.53, subd. (d)) as to count I, acted with premeditation as to counts I and II, personally and intentionally discharged a firearm (§ 12022.53, subd. (c)) as to count II, personally used a firearm (§ 12022.5, subd. (a)) as to count III, personally used a firearm (§ 12022.53, subd. (b)) as to counts V