People v. Rivera CA1/2

Filed 11/21/24 P. v. Rivera CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE,

Plaintiff and Respondent,

A166280

v. JOSE RIVERA, (San Francisco County Super. Ct. No. CRI-1778175) Defendant and Appellant.

Defendant Jose Rivera filed a petition for resentencing under Penal Code section 1172.6. The trial court issued an order to show cause and, following an evidentiary hearing, denied the petition. On appeal from the order denying the petition, Rivera contends (1) the trial court applied the wrong burden of proof at the evidentiary hearing, (2) the court abused its discretion in admitting a confederate’s hearsay statements, and (3) the prosecution failed to present sufficient evidence to support a finding that he is guilty of…