People v. Rigney CA2/7

Filed 9/16/24 P. v. Rigney CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B332737

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA084080) v.

JOSE ANDREW RIGNEY,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Robert G. Chu, Judge. Affirmed. David R. Greifinger, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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INTRODUCTION Jose Andrew Rigney appeals following his plea of no contest to making criminal threats. We appointed counsel to represent Rigney in this appeal. Rigney’s appointed counsel reviewed the record and did not identify any arguable issues. (People v. Wende (1979) 25 Cal.3d 436.) Nor, after reviewing the record independently, have we. Therefore, we affirm. FACTUAL AND PROCEDURAL BACKGROUND In an information, the People charged Rigney with three felony counts of making a criminal threat (Pen. Code, § 422, subd. (a); counts 2, 3 and 4)1; one count of felony vandalism (§ 594, subd. (a), (b)(1); count 5); and one misdemeanor count of violating a civil restraining order (§ 273.6, subd. (a); count 6). The criminal threat counts involved the same victim, Alyssa Vernon, for various alleged incidents during 2022. The vandalism count alleged Rigney maliciously damaged the property of another victim, Anthony Vernon. As to all felony counts, the information alleged two aggravating factors within the meaning of California Rules of Court, rule 4.421(a)(1) and (b)(1). As to the criminal threat counts, the information further alleged one aggravating factor within the meaning of California Rules of Court, rule 4.421(a)(6). On June 9, 2023, following advisement and waiver of his constitutional rights, Rigney, represented by counsel, entered a plea of no contest to making a criminal threat (§ 422, subd. (a); count 2). He also admitted one aggravating factor, namely that he took advantage of a position of trust or confidence to commit the offense, in violation of California Rules of Court,