People v. Rivera CA5

INTRODUCTION

In 2018, defendant Gabriel Rivera, Jr. was arrested in connection with an alleged robbery and assault that occurred during a prearranged drug deal. He was charged with five felonies: second degree robbery (Pen. Code, § 211; count 1),1 assault by means likely to produce great bodily injury (§ 245, subd. (a)(4); count 2), possession of a firearm in violation of a probation condition (§ 29815, subd. (a); count 3), unlawful possession of ammunition (§ 30305, subd. (a)(1); count 4), and carrying a loaded firearm not registered to him in public (§ 25850, subds. (a), (c)(6); count 5). In July 2020, defendant entered a West2 plea of no contest to count 1, second degree robbery, and count 5, carrying a loaded firearm in public. The other three charges were dismissed, and the trial court gave an indicated sentence of three years in prison, maximum. In August 2020, the trial court denied defendant’s request for probation and imposed the lower term of two years in prison on count 1 and a concurrent term of 16 months on count 5. On appeal, defendant claims the trial court failed to advise him of his right to be personally present at his sentencing hearing and failed to secure a…