People v. Rivas CA1/1

I. BACKGROUND

A. Factual and Procedural Background Between 2020 and 2022, Rivas agreed to perform landscaping projects for various homeowners but failed to complete the work. The prosecution charged him with five counts of theft by false pretenses (Pen. Code, § 484); four counts of contracting without a license (Bus. & Prof. Code, § 7028, subd. (a)); and failure to obtain workers’ compensation insurance coverage (Lab. Code, § 3700.5). The prosecution also alleged several enhancements, including a prior theft-related term of imprisonment (Pen. Code, § 666) and prior convictions for contracting without a license (Bus. & Prof. Code, § 7028, subd. (d)). Trial evidence established that Rivas approached several homeowners and offered to perform various arbor services. On some occasions, Rivas provided a business card that stated he was licensed, bonded, and insured. After being hired and completing the projects, Rivas would then offer to perform larger projects, including landscaping their yards, building a fence, and constructing patio structures. After the homeowners agreed, Rivas asked for advance payments, which the homeowners paid. For a few days afterwards, Rivas would send…