People v. Vivero CA5

Filed 11/26/25 P. v. Vivero CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F089212 Plaintiff and Respondent, (Super. Ct. No. 1466006) v.

ROGELIO VIVERO, OPINION Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Stanislaus County. Kellee C. Westbrook, Judge. Rogelio Vivero, in pro. per.; and Vicki Hightower, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Peña, J. and Snauffer, J.

Rogelio Vivero appeals the summary denial of his petition for resentencing under Penal Code section 1172.6.1 His court-appointed counsel filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), setting forth the facts of the case, advising he found no viable issues, and asking this court to conduct an independent review. Vivero was given an opportunity to file a supplemental brief and requested we address several issues. Exercising our discretion under Delgadillo, we have examined the record and find no arguable issues. We therefore affirm. FACTS In June 2016, an amended information charged Vivero with murder (§ 187, subd. (a); count I) and attempted robbery in the first degree (§§ 664, 212.5; count II) and alleged the special circumstance that the murder was committed in the course of an attempted robbery (§ 190.2, subd. (a)(17)). The amended information further alleged as to both counts that Vivero personally discharged a firearm causing great bodily injury (§ 12022.53, subd. (d)) and had two prior serious or violent felony convictions (§ 667, subd. (d)) that were also prior serious felony convictions within the meaning of section 667, subdivision (a). On November 12, 2019, Vivero pleaded no contest to first degree murder and admitted one prior serious felony conviction enhancement, resulting in a recommended sentence of 30 years to life as part of an agreement with the prosecutor. Vivero’s attorney stipulated that the preliminary hearing transcript provided the factual basis for the plea and that, at a prior court hearing, Vivero had admitted that he killed the victim. Vivero accepted the stipulation to the factual basis with the addition of his admission. The trial court sentenced Vivero to a total term of 30 years to life.