People v. Rivas CA5

INTRODUCTION

Appellant Rene A. Rivas contends his defense attorney rendered ineffective assistance of counsel because the attorney had a conflict of interest and failed to object to hearsay testimony. We conclude Rivas’s contention is without merit and affirm.

FACTUAL AND PROCEDURAL SUMMARY

The facts are somewhat convoluted, as Rivas had multiple cases pending at the same time. As there was no trial in any of the cases, facts are taken from transcripts of the hearings and the probation officer’s report. On December 27, 2013, an officer attempted to effect a traffic stop because a vehicle did not have a front license plate. Rivas was the driver; however, he refused to stop and instead, increased his speed. Rivas lost control of the vehicle and crashed the car. He fled the scene, but was arrested in the area. Rivas gave a false name to officers. The car Rivas had been driving had been reported stolen by the owner. The license plate on the vehicle driven by Rivas belonged to a different car, indicating the license plate had been swapped with that of another vehicle. Rivas was charged in January 2014, in case No. 293262, in count one with unlawful taking of a vehicle, a violation…