People v. Rivera CA1/2

Filed 4/20/15 P. v. Rivera CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, Plaintiff and Respondent, A142546 v. ELMER RODRIGUEZ RIVERA, (San Mateo County Super. Ct. No. SC079922A) Defendant and Appellant.

Elmer Rivera was arrested and charged with 17 felony counts after he assaulted a cohabitating girlfriend, T.A., on two separate occasions. On both occasions he also threatened her verbally and with a knife. Rivera pleaded no contest to three counts and admitted allegations associated with one of those counts. The court dismissed the remaining counts. Before Rivera entered his no contest pleas, the court declared an intended sentence of eight years and eight months in state prison, with a ten-year order that he have no contact with T.A. Prior to sentencing, the People requested that the court sentence Rivera to 10 years in state prison, primarily because Rivera had continued regular telephone contact with T.A., during which he was manipulative and controlling, despite a no contact order that was already in effect. At sentencing, the court sentenced Rivera to 10 years in state prison and entered the ten-year no contact order. Rivera’s appointed appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) (see Anders v. California (1967) 386 U.S. 738 (Anders)), in which he raises no issue for appeal and asks this court for an independent review of the

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record. (See People v. Kelly (2006) 40 Cal.4th 106, 124 (Kelly).) In addition, Rivera has exercised his right to inform us of issues that he would like us to consider. We have examined the entire record in accordance with Wende. We agree with counsel that no arguable issue exists on appeal and affirm. BACKGROUND I. Factual Background1 T.A. began dating Rivera about June 2013. In September 2013, T.A. moved into the trailer in which Rivera and his mother lived. In November 2013, T.A. was pregnant with Rivera’s child. On November 9, 2013, Rivera became upset with T.A. after they came home from a party. Rivera began slapping T.A. in the head and face, giving her a bloody nose. He forced T.A. to take a shower, and afterwards he had her lie on the floor. Rivera straddled T.A., held a large kitchen knife to her throat, and told her that he was going to kill her. T.A. feared for her life. On November 27, 2013, T.A. left the house to shop for groceries and did not return until November 29. She was afraid to go home because she feared Rivera would hit her. When she returned home, Rivera punched her in the face more than 20 times. She began bleeding from her lip and nose. Six times Rivera “pressed down the front of her throat so she had a hard time breathing and he actually grabbed her throat and twisted it as he pushed into her throat.” Rivera also held a knife to the sides of T.A.’s throat about four times because he wanted her to cease screaming. He told her “Shut the fuck up or I’m going to kill you. I swear to God I’m going to kill you.” Rivera told her to take a shower. While she was in the shower, Rivera took a small knife and held it up to her neck. Rivera told T.A. he was going to kill her. T.A. was scared and feared for her life. Rivera pulled his hand back as if to stab her, but dropped the knife and punched her in the face. Rivera told her “Call your family ‘cause