Rivera

Defendant Henry Ceasar Rivera was charged with unlawful taking of a vehicle (count 1), street terrorism (count 2), attempted kidnapping (count 3), and two felony counts of exhibiting a loaded firearm (counts 4 and 5). After the trial court granted defendant’s motion to sever counts 1 and 2 from counts 3, 4, and 5, a jury convicted him of the latter three counts and found true the allegation that he personally used a firearm during the attempted kidnapping. The court sentenced defendant to two years and six months on count 3, plus 10 years for the related firearm enhancement, for a total of 12 years and 6 months. The court also imposed two-year sentences each for counts 4 and 5, to be served concurrent with the sentence for count 3.

Following a court trial, defendant was convicted of counts 1 and 2. The court also found true the allegation that count 1 was committed to benefit a criminal street gang (Pen. Code, § 186.22, subd. (b); all further references are to this code unless otherwise noted). The court imposed a three-year sentence for count 1 and a two-year sentence for count 2, but ordered that these sentences be served concurrent to the sentence previously imposed…