People v. Rivera CA5

INTRODUCTION

In 2017, a jury convicted appellant Bertha Renee Rivera of intimidating a witness (Pen. Code, § 136.1, subds. (a) & (b);1 count 1), finding true that she acted maliciously, and used or threatened to use force (§ 136.1, subd. (c)). The jury also found true that she committed this crime for the benefit of, at the direction of, or in association with a criminal street gang (§ 186.22, subd. (b)(1)). The trial court found true that appellant had suffered prior convictions for which she had served prison terms (§ 667.5, subd. (b)). Appellant’s sentencing involved this matter and two companion cases. In one of the companion cases, appellant pleaded to a three-year enhancement under Health and Safety Code section 11370.2, subdivision (a). Altogether for the three cases, she received a determinate term of five years eight months. In this matter, she received a consecutive indeterminate term of eight years to life. On August 4, 2020, we filed an opinion in this matter. We rejected appellant’s claim that the prosecution violated People v. Sanchez (2016) 63 Cal.4th 665 (Sanchez) regarding the admission of gang evidence against her. We also concluded that the evidence was…