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People v. Ibarra

Court of Appeals of California, Fifth District.
Nov 6, 2003
F042022 (Cal. Ct. App. Nov. 6, 2003)

Opinion

F042022.

11-6-2003

THE PEOPLE, Plaintiff and Respondent, v. JESUS HUERTA IBARRA, Defendant and Appellant.

Richard A. Levy, under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, and Carlos A. Martinez, Deputy Attorney General, for Plaintiff and Respondent.


OPINION

THE COURT

Appellant Jesus Huerta Ibarra was found guilty after a jury trial of two counts of continuous sexual abuse of a child under age 14 (Pen. Code, § 288.5) and forty-two counts of lewd and lascivious conduct on minors under age 14 (Pen. Code, § 288, subd. (a)). The trial court sentenced Ibarra to prison for 90 years. On July 19, 2002, our court filed an opinion reversing Ibarras convictions on counts two through fifteen and counts forty through forty-four because these counts involved the same conduct alleged in the two continuous sexual abuse allegations.

Our holding was based on People v. Johnson (2002) 28 Cal.4th 240, 242-248, which held that multiple convictions for Penal Code section 288, subdivision (a) are inconsistent with a conviction for Penal Code section 288.5 when the convictions are based on the same conduct by the defendant. We remanded the case for resentencing.

The trial court dismissed the reversed counts and sentenced Ibarra to the midterm of 12 years on the first continuous sexual abuse count (count one). On the second continuous sexual abuse count (count thirty-eight), the trial court sentenced Ibarra to a consecutive four-year sentence of one-third the midterm. On the remaining twenty-three counts of lewd and lascivious conduct (counts sixteen through thirty-seven and count thirty-nine), the court sentenced Ibarra to prison for consecutive two-year terms. The court set Ibarras total sentence at 62 years. The court granted Ibarra applicable custody credits and imposed a restitution fine.

Ibarras appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, raises no issues, and requests this court independently to review the record. (People v. Wende (1979) 25 Cal.3d 436.) The opening brief also includes the declaration of appellate counsel indicating that Ibarra was advised he could file his own brief with this court. By letter of April 22, 2003, we invited Ibarra to submit additional briefing. To date, he has not done so.

After independent review of the record, we have concluded no reasonably arguable legal or factual argument exists.

The judgment is affirmed. --------------- Notes: Before Wiseman, Acting P.J., Cornell, J., and Gomes, J.


Summaries of

People v. Ibarra

Court of Appeals of California, Fifth District.
Nov 6, 2003
F042022 (Cal. Ct. App. Nov. 6, 2003)
Case details for

People v. Ibarra

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. JESUS HUERTA IBARRA, Defendant…

Court:Court of Appeals of California, Fifth District.

Date published: Nov 6, 2003

Citations

F042022 (Cal. Ct. App. Nov. 6, 2003)