People v. Rivera CA1/2

BACKGROUND

Prior Proceedings and the First Appeal On September 19, 2022, the Humboldt County District Attorney filed a felony complaint charging defendant with first degree burglary (§§ 459, 460, subd. (a)) (count 1) and receiving stolen property with a value exceeding $950 (§ 496, subd. (a)) (count 2). As recounted in our prior opinion, the probation report provided the following facts underlying the offenses: “[O]n May 19, 2022, Davis D.,2 the victim in this case and defendant’s former friend, reported to the police that someone had broken into his apartment while he was out of town. Davis reported that the following were missing: several firearms (a Smith and Wesson model 60, a .38 special revolver, a Stoeger Arms shotgun, a Henry Repeating Arms AR-7 .22 rifle, and an AMT Backup semiautomatic .38 pistol), one box of miscellaneous ammunition, and ‘other items.’ Davis’s girlfriend also reported that her laptop and gaming console were taken from Davis’s apartment. “Davis told police that he believed defendant was the culprit based on their previous interactions. Defendant and Davis recently had a falling out after defendant visited Davis’s apartment and apparently became upset…