People v. Ibarra
California Court of Appeal
1Opinion of the Court
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),…
2Cases cited43 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Estelle v. McGuireSupreme Court of the United States · 1991
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Cunningham v. CaliforniaSupreme Court of the United States · 2007
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3Cited by31 opinions
- People v. LivingstonCalifornia Supreme Court · 2012
- People v. LucasCalifornia Supreme Court · 2014
- People v. YarbroughCalifornia Court of Appeal · 2008
- People v. GoldeCalifornia Court of Appeal · 2008
- People v. SmithCalifornia Court of Appeal · 2008
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