People v. Irra CA4/1, D068890

Defendant Jesus Gabriel Irra and victim Vanessa V. dated; she became pregnant and ended the relationship before the child’s birth.
On September 16, 2014, Vanessa met Irra in his car to receive money; she testified Irra forcibly had sexual intercourse with her and assaulted her (twisted/bruised arm, hit head); Irra testified intercourse was consensual and he later hurt her arm in anger.
Vanessa obtained a restraining order on September 26, 2014; evidence showed Irra contacted her multiple times in violation of the order and she suspected him of vandalizing her car.
Charges included forcible rape, corporal injury to a fellow parent (§ 273.5(a)), false imprisonment (§§ 236, 237(a)), petty theft, and four counts of violating a protective order (§ 273.6(a)).
Jury convicted Irra of corporal injury to a fellow parent, false imprisonment, and three counts of violating a protective order; acquitted on petty theft and one protective-order count; deadlocked on rape (later dismissed).
Trial court denied probation and sentenced Irra to four years’ prison; Irra appealed and appellate counsel filed a Wende/Anders brief raising no arguable issues.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for false imprisonment	Prosecution: evidence supports restraint during the car encounter	Irra: contended intercourse was consensual and disputed unlawful restraint	Court found no arguable appellate issue after review; conviction affirmed
Denial of probation	Prosecution: denial was proper because aggravating factors outweighed mitigation	Irra: trial court abused discretion by denying probation (argued on appeal)	Court found no abuse of discretion; affirmed
Violations of protective order convictions	Prosecution: sufficient evidence Irra contacted Vanessa in violation of order	Irra: disputed contacts/intent	Convictions for three violations upheld; no reversible error identified
Reviewability under Anders/Wende	N/A	Appellate counsel contended no meritorious issues; requested independent review	Court conducted independent Anders/Wende review and affirmed judgment

Wende v. Superior Court, 25 Cal.3d 436 (confirming appellate-counsel duties when brief presents no arguable issues)
Anders v. California, 386 U.S. 738 (establishing procedure for appointed counsel who finds appeal frivolous)