People v. Rivas CA4/1

Filed 7/6/23 P. v. Rivas CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D080600

Plaintiff and Respondent,

v. (Super. Ct. No. RIF1103048)

LILIA TERESA RIVAS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Riverside County, Louis R. Hanoian, Judge. (Retired Judge of San Diego Sup. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Remanded with directions. Laura P. Gordon, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Robin Urbanski and Brendon W. Marshall, Deputy Attorneys General, for Plaintiff and Respondent.

Lilia Teresa Rivas appealed from a final judgment following a

postjudgment order denying her petition for resentencing under Penal Code1

section 1172.6.2 A jury convicted Rivas of murder (§ 187, subd. (a)) and attempted murder (§§ 664, 187, subd. (a)) of two rival gang members. Rivas filed a resentencing petition in 2021 pursuant to section 1172.6 addressing only her second degree murder conviction. After Rivas filed the petition and before her evidentiary hearing, Senate Bill No. 775 (Stats. 2021, ch. 551) (Senate Bill 775) expanded section 1172.6 to include attempted murder. The trial court denied Rivas’s petition as to the second degree murder conviction, and it declined to address her attempted murder conviction because no order to show cause (OSC) had been issued as to that conviction. Rivas contends, and the People concede, the matter should be remanded with instructions for the trial court to issue an OSC to hold an evidentiary hearing on whether Rivas is entitled to resentencing relief on the attempted murder conviction. We agree; thus, we remand the matter with instructions to issue an OSC for an evidentiary hearing on the attempted murder conviction. FACTUAL AND PROCEDURAL BACKGROUND On November 4, 2013, a jury convicted Rivas of first degree murder (§ 187, subd. (a)) and attempted murder (§§ 664, 187, subd. (a)) on a theory that she was an aider and abettor of her husband, who shot and killed one