People v. Rivas CA5

Filed 7/11/16 P. v. Rivas 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F071267 Plaintiff and Respondent, (Super. Ct. No. VCF293262) v.

RENE A. RIVAS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Darryl B. Ferguson, Judge. Robert F. Kane, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Lewis A. Martinez and Louis M. Vasquez, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Kane, J. and Franson, J.

INTRODUCTION Appellant Rene A. Rivas contends his defense attorney rendered ineffective assistance of counsel because the attorney had a conflict of interest and failed to object to hearsay testimony. We conclude Rivas’s contention is without merit and affirm. FACTUAL AND PROCEDURAL SUMMARY The facts are somewhat convoluted, as Rivas had multiple cases pending at the same time. As there was no trial in any of the cases, facts are taken from transcripts of the hearings and the probation officer’s report. On December 27, 2013, an officer attempted to effect a traffic stop because a vehicle did not have a front license plate. Rivas was the driver; however, he refused to stop and instead, increased his speed. Rivas lost control of the vehicle and crashed the car. He fled the scene, but was arrested in the area. Rivas gave a false name to officers. The car Rivas had been driving had been reported stolen by the owner. The license plate on the vehicle driven by Rivas belonged to a different car, indicating the license plate had been swapped with that of another vehicle. Rivas was charged in January 2014, in case No. 293262, in count one with unlawful taking of a vehicle, a violation of Vehicle Code section 10851, subdivision (a); count two with receiving stolen property, a violation of Penal Code1 section 496d, subdivision (a); count three with resisting or obstructing a peace officer, a violation of section 148, subdivision (a)(1); and count four with petty theft, a violation of section 484, subdivision (a). It also was alleged that Rivas had two prior felony convictions and had served a prior prison term. On January 28, 2014, Rivas was represented by the public defender and pled not guilty to the charges in case No. 293262 and denied the allegations.