People v. Rivera CA4/1

Filed 1/28/25 P. v. Rivera 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D084664

Plaintiff and Respondent,

v. (Super. Ct. No. FSB21003926)

CARMELO RIVERA III,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Bernardino County, Michael A. Smith, Judge. Affirmed. Richard J. Moller, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. Following a bench trial, a court convicted defendant and appellant Carmelo Rivera III of one count of assault by force likely to produce great

bodily injury (Pen. Code,1 § 245, subd. (a)(4)), finding that his action in “placing his hand around [the victim’s] neck to the point where she was

1 Undesignated statutory references are to the Penal Code.

having difficulty breathing is potentially the type of force that could or likely produce great bodily injury.” The court withheld pronouncement of judgment for two years and placed Rivera on supervised probation with various

conditions. It ordered him to pay certain fines and fees.2 Rivera’s appointed appellate counsel has filed an opening brief raising no arguable issues pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders). We invited Rivera to file a supplemental brief on his own behalf, but he did not do so. Our independent review confirms there are no arguable issues on appeal. We affirm. FACTUAL AND PROCEDURAL BACKGROUND In October 2021, Rivera was living with S.A. in his two-story house in