People v. Rivera CA1/1

Filed 1/10/25 P. v. Rivera CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, A169327 v. ARNULFO RIVERA, JR., (Contra Costa County Super. Ct. No. 5-161310-8) Defendant and Appellant.

In his third appeal in this matter, defendant Arnulfo Rivera, Jr., appeals from the trial court’s resentencing imposed after remand. His appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), identifying no issues and requesting that this court independently review the record. We modify the judgment to reduce the amount of two imposed fees, and we affirm the judgment as modified. I. BACKGROUND The underlying facts and procedural history are discussed in detail in this court’s prior opinions in this matter, People v. Rivera (Dec. 6, 2019, A151733) [nonpub. opn.] (Rivera I) and People v. Rivera (Jan. 13, 2023, A160739) [nonpub. opn.] (Rivera II). Following a domestic violence incident

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in 2016, Rivera was charged with corporal injury on a cohabitant (Pen. Code,1 § 273.5, subd. (a); count one); assault with a deadly weapon (§ 245, subd. (a)(1); counts two & six); criminal threats (§ 422, subd. (a)) with the personal use of a deadly weapon (§ 12022, subd. (b)(1); count three); dissuading a witness by force or threat (§ 136.1, subd. (c)(1); count four); and criminal threats (§ 422, subd. (a); count five.) It was further alleged that he had two prior serious felony convictions (§ 667, subd. (a)(1)), two prior strike convictions (§§ 667, subds. (d), (e), 1170.12, subds. (b), (c)), and three prior prison term convictions (§ 667.5, subd. (b)). (Rivera I, supra, A151733.) A jury convicted Rivera on counts one through five and acquitted him on count six. The two prior strike convictions and prior serious felony convictions were found true. In 2017, the trial court sentenced Rivera to an aggregate prison term of 35 years to life. On count two, the court sentenced him to a third strike term of 25 years to life. Sentences of 25 years to life on the remaining counts were imposed but stayed under section 654. A consecutive 10-year sentence was imposed comprised of five years each for the two prior serious felony enhancements. Defendant was awarded 341 days of presentence credits for actual time served but was not awarded any conduct credits. Rivera appealed. (Rivera I, supra, A151733.) In December 2019, this court reversed Rivera’s conviction on count five. We remanded the matter to the trial court with instructions to award Rivera 340 days of conduct credit, for total presentence custody credits of 681 days. We also remanded for resentencing, directing the trial court to determine whether Rivera’s two prior serious felony enhancements imposed under