People v. Rivera CA1/1

I.

FACTUAL AND PROCEDURAL

BACKGROUND

A. Procedural History Through Rivera I In 2014, a grand jury indicted Rivera and his codefendant, Jerry Coneal, for Baker’s murder. As set forth in Rivera I, “[t]he operative indictment’s only count alleged that Coneal and Rivera ‘did willfully, unlawfully, and with malice aforethought murder [Baker] . . . ,’ with accompanying gang and lying-in-wait special circumstances as to both defendants. The indictment also alleged other gang-related enhancements as to both defendants, one that the offense was committed to benefit a gang and the other that a principal personally and intentionally discharged a firearm causing death during such an offense. . . . Finally, the indictment alleged various enhancements against Rivera based on a prior conviction of attempted burglary.” (Rivera I, supra, 62 Cal.App.5th at pp. 224–225, fn. omitted.) “In July 2017, as part of a plea agreement, Rivera entered a plea of no contest to second degree murder, admitted the offense was committed to benefit a gang, and admitted the [prior conviction was a serious felony].” (Rivera I, supra, 62 Cal.App.5th at p. 225.) He stipulated that the transcript

2 of the grand…