Ibarra

People v. Ibarra

Bad Law
156 Cal. App. 4th 1174·67 Cal. Rptr. 3d 871
Court of Appeal of CaliforniaNovember 27, 2007F050331California9,704 words

Opinion

Opinion

Gomes, J.

After a jury found appellant Rudy Jesse Ibarra guilty of one count of felony stalking and of two counts of misdemeanor assault of his live-in girlfriend on November 6, 2005, he admitted a serious felony prior— willful and malicious discharge of a firearm from a motor vehicle at another person other than an occupant of a motor vehicle—that qualified as a strike prior, on which basis the court sentenced him to six years (double the three-year aggravated term) on the stalking and to time served on the two assaults. (Pen. Code, §§ 240, 646.9, subd. (a), 667, subds. (b)-(j), 1170.12, subds. (a)-(e), 1192.7, subd. (c)(36), 12034, subd. (c).)

With reference to most of his 21 appellate issues, Ibarra argues that numerous Judicial Council of California Criminal Jury Instructions (2006) (CALCRIM) subjected him “to a criminal trial with a jury incorrectly charged as to the applicable law” and “so infused the trial with unfairness as to deny [him] equal protection under the law and his right to due process of law” as guaranteed by the federal and state Constitutions. As to some of those issues, he invokes his constitutional privilege against self-incrimination, right to trial by…

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