People v. Rivera CA2/7

Filed 9/14/20 P. v. Rivera CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B299361

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA089208) v.

MICHAEL ALEXANDER RIVERA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Jared D. Moses, Judge. Affirmed with directions. Michele A. Douglass, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior

Assistant Attorney General, David E. Madeo and Nancy Lii Ladner, Deputy Attorneys General, for Plaintiff and Respondent. _______________________

Michael Alexander Rivera appeals from the judgment entered at a resentencing hearing held after remand from this court. (See People v. Rivera (Feb. 14, 2019, B285951) [nonpub. opn.].) Rivera contends only that the trial court failed to consider whether a previously imposed one-year prior prison term enhancement should be struck, as we had directed. The trial court did, in fact, strike the enhancement. Accordingly, we affirm. FACTUAL AND PROCEDURAL BACKGROUND Rivera was convicted by a jury of second degree robbery.1 Although the court found at a bifurcated bench trial that Rivera had suffered three prior strike convictions, it dismissed all three for sentencing purposes under People v. Superior Court (Romero) (1996) 13 Cal.4th 497 and sentenced Rivera to 18 years in state prison: the middle term of three years for second degree robbery, plus three five-year enhancements for Rivera’s prior serious felony convictions pursuant to Penal Code section 667, subdivision (a).2 Rivera appealed the judgment, contending the trial court erred in imposing three, rather than one, prior serious