People v. Rivera CA5

INTRODUCTION

In 2023, a jury convicted appellant Jorge Rivera, Jr. of first degree murder (Pen. Code, § 187, subd. (a);1 count 1). The jury found true firearm enhancement allegations, including that appellant had personally and intentionally discharged a firearm causing death (§ 12022.53, subds. (b), (c) & (d)). The jury also convicted appellant of possessing a firearm as a convicted felon (§ 29800, subd. (a); count 2) and possessing an assault weapon (§ 30605, subd. (a); count 3). For the first degree murder, appellant was sentenced to prison for 25 years to life, with a consecutive 25 years to life for the firearm enhancement. The court imposed middle terms of two years, respectively, for the convictions in counts 2 and 3, which were ordered to run concurrently to the sentence in count 1. Before trial, a contested hearing occurred regarding appellant’s competency. The trial court found competency and criminal proceedings were reinstated. Appellant’s primary claim on appeal is that the trial court erred in finding him competent. We disagree and reject that claim. However, we agree with the parties that a clerical mistake appears in the determinate abstract of judgment, which we…