People v. Rivers CA2/8

Filed 7/21/23 P. v. Rivers CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B324417

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA123495) v.

JUSTICE RIVERS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Rob B. Villeza, Judge. Reversed and remanded. Ellen M. Matsumoto, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan S. Pithey, Assistant Attorney General, Stephanie A. Miyoshi and Kathy S. Pomerantz, Deputy Attorneys General, for Plaintiff and Respondent. _____________________________

Appellant Justice Rivers appeals from the superior court’s order denying his petition for resentencing under Penal Code section 1172.61 as to his attempted murder conviction. Appellant contends, and the People concede, that the superior court’s order should be reversed for the court to consider section 1172.6’s recent amendments. We agree and therefore reverse the superior court’s order denying Appellant’s resentencing petition and remand for the court to consider the petition.

BACKGROUND In 2019, Appellant and two other codefendants were involved in a shooting at an apartment complex in Pomona, California. In 2020, the Los Angeles County District Attorney’s Office charged Appellant with five counts of attempted murder (§§ 664, 187, subd. (a)), five counts of shooting at an inhabited dwelling (§ 246), and one count of second degree robbery (§ 211). Appellant received a firearm enhancement for each attempted murder count under section 12022.53, subdivisions (b), (c) and (e)(1), as well as a gang enhancement under section 186.22, subdivision (b)(1)(C). As to each count of shooting at an inhabited dwelling and the robbery count, Appellant also received a firearm enhancement under section 12022.5, subdivision (a), and a gang enhancement under section 186.22, subdivision (b)(4). As to the robbery count, Appellant received a firearm enhancement under section 12022.53, subdivisions (b) and (e)(1), and a gang enhancement under section 186.22, subdivision (b)(1)(C). On March 9, 2021, Appellant pleaded no contest to one count of attempted murder and one count of second degree