California Case Summaries

People v. Ybarra — Court of Appeal Affirms Upper-Term Four-Year Sentence After Independent Review Finds No Arguable Error

Unreported / Non-Citable

Case
People v. Ybarra
Court
5th District Court of Appeal
Judge
Franson, Acting P. J.; DeSantos, J.; Harrell, J.
Date decided
2026-10-30
Docket No.
F088954
Topics
criminal law, assault, probation violation, independent review, Wende brief, no contest plea, Three Strikes law

Disposition notice

The Fifth District Court of Appeal affirmed the judgment against Defendant and Appellant Benito Juarez Ybarra, Jr., who had pleaded no contest to assault with force likely to cause great bodily injury and was sentenced to the upper term of four years in prison after the trial court found he violated probation by failing to report to the probation office as directed. The court also noted that defendant was found in violation of probation in two other separate cases and sentenced to concurrent three-year and 180-day terms. Appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, stating no claim of error and requesting independent review. Defendant was advised of the right to file a supplemental brief within 30 days, and the court received no communication from him. Having undertaken an examination of the entire record, the court found no evidence of ineffective assistance of counsel or any other arguable error that would result in a disposition more favorable to defendant. The judgment is affirmed.

Read the public order

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