People v. Rivas CA1/1

Filed 3/7/24 P. v. Rivas CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, A167503 v. ADAN CONTRERAS RIVAS, (Contra Costa County Defendant and Appellant. Super. Ct. No. 01-198386-5)

A jury convicted Adan Contreras Rivas of several felonies, including theft by false pretenses. On appeal, Rivas argues he was denied his right to a fair trial under the federal Constitution because a prosecution witness briefly mentioned that Rivas had been previously arrested. We disagree and affirm. I. BACKGROUND A. Factual and Procedural Background Between 2020 and 2022, Rivas agreed to perform landscaping projects for various homeowners but failed to complete the work. The prosecution charged him with five counts of theft by false pretenses (Pen. Code, § 484); four counts of contracting without a license (Bus. & Prof. Code, § 7028, subd. (a)); and failure to obtain workers’ compensation insurance coverage (Lab. Code, § 3700.5). The prosecution also alleged several enhancements, including a prior theft-related term of imprisonment (Pen. Code, § 666) and

prior convictions for contracting without a license (Bus. & Prof. Code, § 7028, subd. (d)). Trial evidence established that Rivas approached several homeowners and offered to perform various arbor services. On some occasions, Rivas provided a business card that stated he was licensed, bonded, and insured. After being hired and completing the projects, Rivas would then offer to perform larger projects, including landscaping their yards, building a fence, and constructing patio structures. After the homeowners agreed, Rivas asked for advance payments, which the homeowners paid. For a few days afterwards, Rivas would send workers to perform discrete portions of the projects, such as demolition or digging, before completely abandoning the project. Rivas then ignored later attempts by the homeowners to contact him and failed to provide them with requested refunds. After two of the homeowners filed consumer complaints with the Contractors State License Board, a special investigator determined that from January 1, 2019 to July 13, 2022, Rivas did not possess a contractor’s license, and from November 29, 2020 through July 2022, he did not carry workers’ compensation insurance. The jury convicted Rivas of all charges. The trial court then found the enhancements true and sentenced him to state prison. B. Relevant Trial Testimony Before the trial, defense counsel moved to exclude Rivas’s prior convictions and to bifurcate the prior convictions and special allegations.1 The trial court granted the motion.