gno.law

People v. Garcia CA4/1

California Court of Appeal · D064066 · 2014-04-24 · Unpublished

Proceeding
appeal from a judgment
Trial court
Superior Court of San Diego County · No. SCS234681
Trial judge
Ana L. Espana
Outcome
affirmed — Affirmed.
Area
criminal
Panel
Judith L. Haller (author), Cynthia Aaron, Joan K. Irion

Analysis

A model's reading — qwen3.8-27b, prompt v1, 2026-10-13T06:41Z · confidence high

The trial court convicted the defendant of second-degree murder and two counts of misdemeanor child abuse, sentencing him to 15 years to life. The Court of Appeal affirmed the judgment after an independent review of the record found no reasonably arguable issues of error.

Ruling reviewedStandardThe courtThe model
Affirmance of judgment following Wende/Anders review
“A review of the record pursuant to Wende and Anders has disclosed no reasonably arguable appellate issues.”
de novonot reachedagree with court
The court applied the standard for appointed counsel appeals, reviewing the record independently to ensure the defendant received effective assistance of counsel. The court found no errors in the trial court's proceedings or sentencing.

Authorities

  • relied: People v. Wende (1979) 25 Cal.3d 436 — Appointed appellate counsel must file a brief summarizing the facts and proceedings and identifying any arguable issues, or if none exist, request the court to review the record for error.
  • relied: Anders v. California (1967) 386 U.S. 738 — Appointed counsel may file a brief stating there are no arguable grounds for appeal, provided they submit a copy to the defendant and the court independently reviews the record.

The appellate opinion: sound — The opinion is procedurally sound as it correctly follows the Wende/Anders protocol for appointed counsel appeals. It explicitly states that the court conducted an independent review of the record and found no reasonably arguable issues, which is the required standard for affirming in such cases.

How this analysis was made · dispute it

unusual disposition

A model's reading — claude-fable-5-1, prompt v1, 2026-10-13T04:31Z · confidence low

A San Diego County jury convicted Jesus A. Garcia of second degree murder and two counts of misdemeanor child abuse after he stabbed his estranged wife in the back in front of their sons, and the trial court sentenced him to 15 years to life. On appeal, appointed counsel filed a Wende/Anders brief raising no issues, Garcia filed no supplemental brief, and the Court of Appeal independently reviewed the record, found no arguable issues, and affirmed.

Ruling reviewedStandardThe courtThe model
Judgment of conviction for second degree murder (Pen. Code, § 187, subd. (a)) and two counts of misdemeanor child abuse (Pen. Code, § 273a, subd. (b)), with a sentence of 15 years to life, reviewed under Wende/Anders independent record review for arguable issues
“A review of the record pursuant to Wende and Anders has disclosed no reasonably arguable appellate issues.”
unclearcorrectagree with court
The opinion is a standard Wende disposition. Counsel raised no issues, the defendant declined to file a supplemental brief, and the court states it independently reviewed the record as People v. Wende and Anders v. California require. The facts recited (admitted stabbing, prior statements about killing the victim, children present) are consistent with the verdicts, and 15 years to life is the mandated term for second degree murder under Pen. Code, § 190. Nothing in the opinion suggests any unaddressed arguable issue, though the record itself is not before me beyond the court's brief summary.

Authorities

  • relied: People v. Wende (1979) 25 Cal.3d 436 — When appointed appellate counsel finds no arguable issues, the Court of Appeal must independently review the entire record to determine whether any arguable issue exists before affirming.
  • relied: Anders v. California (1967) 386 U.S. 738 — Appointed counsel who finds an appeal wholly frivolous may so advise the court and request permission to withdraw, accompanied by a brief referring to anything in the record that might arguably support the appeal, and the court must then conduct its own examination of the record.

The appellate opinion: sound — The opinion correctly follows the Wende/Anders procedure: it recites the facts and procedural history, notes that counsel raised no issues and that the defendant was given and did not use the opportunity to file his own brief, and states that independent review disclosed no arguable issues. It is sound for a no-issue appeal, although by its nature it does not discuss any specific legal question and gives the reader no detail about what was examined.

How this analysis was made · dispute it

Opinion

Filed 4/24/14 P. v. Garcia CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D064066

Plaintiff and Respondent, v. (Super. Ct. No. SCS234681)

JESUS A. GARCIA, Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Ana L.

Espana, Judge. Affirmed.

David L. Kelly, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

A jury found Jesus A. Garcia guilty of second degree murder (Pen. Code, § 187, subd. (a); count 1) and two counts of misdemeanor child abuse (Pen. Code § 273a, subd.

(b); counts 3 and 4). The court sentenced him to prison for 15 years to life for second degree murder, with credit for time served on the misdemeanor counts. Garcia appeals.

We affirm.

BACKGROUND

In 2009, Garcia's wife, Maribel Arteaga, began an affair with a coworker, Carlos Orga. Garcia learned of the affair and became upset. In October or November, Arteaga left Garcia and began living with Orga, bringing with her Garcia and Arteaga's two young sons.

Garcia spoke of killing Arteaga. One evening in December 2009, he knocked on her door. Arteaga, followed by one of their sons, answered the knock. Garcia said he wanted to take the boy to McDonald's. Arteaga said no. Garcia grabbed the boy's hand.

Arteaga grabbed Garcia and pulled the boy away from him. Garcia pushed Arteaga into the wall and stabbed her in the back with a knife. Arteaga fell to the floor, bleeding. Her sons knelt by her side.

Arteaga died from the stab wound. Garcia admitted stabbing and killing her.

DISCUSSION

Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. Counsel presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders).

We granted Garcia permission to file a brief on his own behalf. He has not responded. A review of the record pursuant to Wende and Anders has disclosed no 2 reasonably arguable appellate issues. Garcia has been competently represented by counsel on this appeal.

DISPOSITION

The judgment is affirmed.

HALLER, Acting P. J.

WE CONCUR:

AARON, J.

IRION, J.

Cites, in this corpus