People v. Rivas CA5

Discussion so the sentence now reads:

We address, and reject, Rivas’s claim of ineffective assistance of counsel on the basis of a conflict of interest.

8. On page 6, the third full paragraph is deleted in its entirety.

9. On page 6, the first sentence of the fourth full paragraph is revised by deleting “regardless of any statements made by the sister” so the sentence now reads:

Moreover, the trial court noted that Rivas had violated the terms of mandatory supervision by failing to report to the Probation Accounting Services office, which was the basis used by the court for finding a violation and imposing the 180 days in jail. There is no change in judgment. Appellant’s petition for rehearing filed on July 19, 2016, is denied.

2. OPINION Defendant and Appellant.

THE COURT*

APPEAL from a judgment of the Superior Court of Tulare County. Darryl B. Ferguson, Judge. Robert F. Kane, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Lewis A. Martinez and Louis M.…