People v. Irvine CA3

Filed 2/16/21 P. v. Irvine CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Tehama) ----

THE PEOPLE, C090224

Plaintiff and Respondent, (Super. Ct. No. 19CR001056)

v.

STEVEN RAY IRVINE, JR.,

Defendant and Appellant.

After defendant Steven Ray Irvine, Jr., pleaded guilty to criminal threats and possession of a controlled substance with a firearm, the trial court denied probation and imposed an aggregate nine-year four-month sentence. Defendant appeals, contending the trial court abused its discretion and violated defendant’s due process rights by denying him probation. We affirm the judgment.

1

FACTS AND PROCEDURAL HISTORY Early one morning, defendant was under the influence of alcohol and methamphetamines. He came home to see his stepfather’s car parked in front of his house. Defendant “flashed” with anger because his stepfather was a “child molester” and was not welcome in his home. Defendant had a new gun and decided to “light it up.” He fired gunshots from outside his house and into his mother’s bedroom window, waking his mother and stepfather. Defendant then shot out the windows of his stepfather’s car and entered the house. His mother confronted him, and he told her to leave, shoved her chest, pointed a gun at her face, and threatened to kill her. She went back to her bedroom, and defendant followed. Defendant told his stepfather he was going to “blow his fucking head off” as his stepfather lay on the floor with his wife to avoid the confrontation. As defendant repeatedly told his mother and stepfather to leave the house, they packed up their belongings and began to load the car. While they loaded, defendant shot multiple rounds from about twenty-five yards away. One bullet “whizz[ed]” by his stepfather’s ear. Defendant continued shooting as they drove away. Defendant estimated he shot approximately 100 rounds, after which he went back inside the house and fell asleep. The SWAT team arrived shortly thereafter and repeatedly called out for defendant to leave his home. Defendant did not answer and the SWAT team entered the home and arrested him. Once inside, deputies found numerous firearms, high-capacity magazines, drum magazines, and ammunition, as well as two baggies of methamphetamine. During booking, they also found 3.45 grams of methamphetamine on defendant’s person. Defendant explained his intent was to shoot repeatedly in the air to scare his mother and stepfather, but denied wanting to kill them. He described himself as “raising hell” in an effort to get them out of the house.