People v. Rivera CA1/1

I. BACKGROUND

The underlying facts and procedural history are discussed in detail in this court’s prior opinions in this matter, People v. Rivera (Dec. 6, 2019, A151733) [nonpub. opn.] (Rivera I) and People v. Rivera (Jan. 13, 2023, A160739) [nonpub. opn.] (Rivera II). Following a domestic violence incident

1 in 2016, Rivera was charged with corporal injury on a cohabitant (Pen. Code,1 § 273.5, subd. (a); count one); assault with a deadly weapon (§ 245, subd. (a)(1); counts two & six); criminal threats (§ 422, subd. (a)) with the personal use of a deadly weapon (§ 12022, subd. (b)(1); count three); dissuading a witness by force or threat (§ 136.1, subd. (c)(1); count four); and criminal threats (§ 422, subd. (a); count five.) It was further alleged that he had two prior serious felony convictions (§ 667, subd. (a)(1)), two prior strike convictions (§§ 667, subds. (d), (e), 1170.12, subds. (b), (c)), and three prior prison term convictions (§ 667.5, subd. (b)). (Rivera I, supra, A151733.) A jury convicted Rivera on counts one through five and acquitted him on count six. The two prior strike convictions and prior serious felony convictions were found true. In 2017, the trial court…