Peery

I. BACKGROUND/PRIOR PROCEEDINGS

On June 5, 2012, Rivera, along with co-defendant Fred Huante, was charged with the first-degree murder of Frankie Flores and the attempted murders of Michael Flores, Aaron Amaro, and Paul Amaro in connection with two shootings less than a month apart, both in retaliation for stolen drugs. The information also charged Rivera, the shooter in the Flores murder, with discharge of a firearm at an occupied motor vehicle and being a felon in possession of a firearm, and included as special allegations that Rivera personally discharged a firearm causing death and great bodily injury. Rivera and Huante proceeded to a joint jury trial. On

Craig Koenig, Warden, Correctional Training Facility–Soledad, is substituted for S. Peery, Warden, California Correctional Center. FED. R. CIV. P. 25(c). direct appeal of his conviction, the California Court of Appeal recounted the following facts underlying the charges against Rivera and the evidence presented at trial: A Background for All Charged Crimes Rivera and Huante committed the charged crimes as revenge for the robbery of drugs from Huante. The facts behind that robbery were as follows: In late…