People v. Rivas CA2/8

BACKGROUND

Following a jury trial in 2017, defendant was found guilty of one count of murder (Pen. Code, § 187, subd. (a); count 1), and one count of premeditated attempted murder (§ 187, subd. (a), § 664; count 2). The jury found true gang and principal firearm use allegations (§ 186.22, § 12022.53, subds. (b)–(e)(1)). In a bifurcated proceeding, the court found true that defendant had suffered a prior conviction for a serious or violent felony within the meaning of the “Three Strikes” law (§ 667, subds. (b)–(j), § 1170.12) and had served a prior prison term (§ 667.5, subd. (b)). The court sentenced defendant as follows: 25 years to life on count 1, doubled due to the strike, plus a consecutive term of 25 years for the firearm enhancement; a consecutive term of seven years to life on count 2, doubled due to the strike, plus a consecutive term of 25 years for the firearm enhancement. The court imposed and stayed gang enhancements on both counts. The record does not reflect imposition of sentence on the prison prior. In 2019, we affirmed defendant’s conviction and remanded to the superior court for a resentencing hearing, directing the court to strike the gang enhancement, to…