People v. Rivera-Torres CA1/3

Filed 2/2/26 P. v. Rivera-Torres CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A169827 v. JOSE CARLOS RIVERA-TORRES, (Contra Costa County Super. Ct. No. 02-23-01543) Defendant and Appellant.

A jury convicted Jose Carlos Rivera-Torres of three misdemeanor counts of contempt of court for violating a protective order issued as to Jane Doe (Pen. Code,1 § 166, subd. (c)(1)). The trial court then imposed a three- year term of probation pursuant to section 1203.097 as Doe was a person defined in Family Code section 6211 (defining victims of domestic violence). On appeal, Rivera-Torres argues the court erred by finding section 1203.097 applicable and asserts trial counsel provided ineffective assistance by asking the court to impose the three-year minimum probation term required by that statute. We affirm.

1 All further undesignated statutory references are to the Penal Code.

1

FACTUAL AND PROCEDURAL BACKGROUND Rivera-Torres and Doe began dating in 2022 and subsequently moved in together to a home in Hercules. Unless otherwise indicated, all further dates refer to 2023. On June 16, Rivera-Torres and Doe had a physical altercation at their home during which Rivera-Torres hit Doe in the head (the June 16 incident). Doe called the police and a responding officer found her in the garage hiding under a trailer. Doe was frightened, shaking, and crying. She had multiple injuries, including a bruised eye that was swollen shut and abrasions on her collarbone. Rivera-Torres had bruising on his right hand, a cut on the back of his head, and a red mark on his chin. Doe was taken by ambulance to the hospital. While on the way, a judge granted an emergency protective order (EPO) for Doe. The EPO was effective immediately and expired on June 23. It prohibited Rivera-Torres from going near Doe or their shared home and from contacting her, including by telephone. An officer provided a copy of the EPO to Rivera-Torres and explained its terms. Rivera-Torres was arrested. Later that same day, Rivera-Torres called Doe from jail while she was still in the hospital. He acknowledged the EPO and asked Doe if she was going to “ ‘help’ ” him or “ ‘sink’ ” him in his case. On June 20, Doe went with a police escort to the home she had shared with Rivera-Torres to pick up some of her belongings. Once inside the home, Doe found Rivera-Torres hiding under a couch. Rivera-Torres was taken back into custody. On June 21, Rivera-Torres again called Doe from jail and asked for her help.