People v. Rivera CA4/3

Filed 9/16/25 P. v. Rivera CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G064236

v. (Super. Ct. No. 21CF2877)

JOHNNY RIVERA, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Robert A. Knox, Judge. Affirmed as modified. Laura Vavakin, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Collette C. Cavalier and Joy Utomi, Deputy Attorneys General, for Plaintiff and Respondent.

Johnny Rivera appeals after a jury convicted him of first degree burglary and unlawful driving of a vehicle. He challenges the sufficiency of the evidence supporting his burglary conviction and argues the trial court miscalculated his presentence custody credits. We reject the former but agree with the latter. Accordingly, we modify the judgment to reflect Rivera is entitled to 968 days of presentence conduct credits for a total of 1,936 days of presentence credits. In all other respects, we affirm. FACTUAL AND PROCEDURAL HISTORY I. PROSECUTION EVIDENCE P.D. lived in an apartment on the top floor of a four-story apartment complex in Santa Ana. A gated parking garage accessible to residents only was located on the first floor of the complex. Residents had assigned parking spots in the garage. P.D.’s parking spot was numbered the same as his apartment. On September 27, 2021, when P.D. left his apartment, he locked the dead bolt and doorknob latch on his front door. He returned home with his car around 5:00 p.m. and noticed the dead bolt was unlocked but the doorknob latch was locked. Upon entering his apartment, he discovered the balcony sliding door was broken into pieces, as was an air conditioning unit he had by the sliding door. Numerous items were missing from his apartment. P.D. called the police and filed a report. He told the police he suspected a neighbor, whom he believed lived on the same floor, may have committed the burglary. P.D. had seen the neighbor exhibiting strange or suspicious behavior on prior occasions. P.D. gave the police a physical description of the neighbor he suspected had committed the burglary. After