People v. Rivas CA1/5

Filed 3/1/22 P. v. Rivas CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, A164271 Plaintiff and Respondent, v. ROBERT DANIEL RIVAS, (Kern County Super. Ct. No. BF173704A) Defendant and Appellant.

A jury convicted Robert Daniel Rivas of multiple crimes after he attacked two victims with a machete. 1 He asserts that his conviction for aggravated mayhem (Pen. Code, § 205) 2 must be reversed for insufficient evidence, and he argues that the trial court erred in returning an initial set of verdict forms to the jury after determining they were irregular. We reject both contentions and affirm the judgment.

This matter was transferred by California Supreme Court 1

Order on December 20, 2021 from the Fifth Appellate District (No. F080845) to the First Appellate District. 2 Undesignated statutory references are to the Penal Code.

1

BACKGROUND A. After learning that his ex-girlfriend, G., was becoming romantically involved with another man, Rivas broke into the apartment where she was staying and tried to attack her with a machete. When she fled the apartment, Rivas followed her into a nearby Starbucks shop, where he struck her repeatedly with the machete. The attack on G. ended when a good Samaritan named B. intervened. G. and B. each sustained multiple injuries.

B. An amended information charged Rivas with aggravated mayhem (§ 205; counts four (G.) and six (B.)). In addition, the amended information charged him with first degree burglary with another person present (§§ 460, subd. (a), 667.5, subd. (c)(21); count one), assault with a deadly weapon (§ 245, subd. (a)(1); counts two (G.) and nine (B.)); attempted murder (§§ 187, subd. (a), 664; counts three (G.) and five (B.)); infliction of corporal injury (§ 273.5, subd. (a); count seven (G.)); and resisting arrest (§ 148, subd. (a)(1); count eight). The amended information alleged that Rivas personally used a deadly or dangerous weapon (§ 12022, subd. (b)(1)) in relation to counts one, three, five, and seven; and that he inflicted great bodily injury (§ 12022.7, subds. (a), (e)) as to counts three, five, and nine.