People v. Rivas CA4/2

STATEMENT OF THE CASE

On May 23, 2014, a felony complaint charged: (1) defendants and appellants

Armando Cerrado Rivas and Silvia Arrez with possession of a controlled substance, in

violation of Health and Safety code section 11377, subdivision (a) (count 1); (2) charged

Rivas with possession of a firearm by a felon, in violation of Penal Code section 29800,

subdivision (a)(1) (count 2); and (3) Arrez with possession of a firearm by a felon under

Penal Code section 29800, subdivision (a)(1) (count 3). The complaint also alleged that

Rivas had suffered a strike and serious prior under Penal Code sections 667, subdivisions

(b) through (i), and 1170.12, subdivisions (a) through (d).

On June 5, 2014, Rivas pled guilty to count 2, possession of a firearm by a felon,

on the condition that he would be placed on probation for three years and serve 120 days

in jail. On the same day, Arrez pled guilty to count 3, possession of a firearm by a felon,

on the condition that she would also be placed on probation for three years and serve 120

days in jail.

Thereafter, the trial court sentenced both defendants according to the terms of their

plea agreements. The court placed both…