From Casetext: Smarter Legal Research

People v. Rivera

Court of Appeals of California, Fifth Appellate District.
Nov 20, 2003
F042571 (Cal. Ct. App. Nov. 20, 2003)

Opinion

F042571.

11-20-2003

THE PEOPLE, Plaintiff and Respondent, v. ALBERTO JESSIE RIVERA, Defendant and Appellant.

Shama H. Mesiwala, under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, and Carlos A. Martinez, Deputy Attorney General, for Plaintiff and Respondent.


OPINION

THE COURT

Appellant, Alberto Jessie Rivera, was convicted after a jury trial of assault with a firearm likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(2), count one) and shooting at an occupied vehicle (Pen. Code, § 246, count two). The jury found true an enhancement alleging that Rivera personally used a firearm (Pen. Code, § 12022.5, subd. (a)(1)). The trial court sentenced Rivera to prison for the three-year midterm on count one and stayed Riveras sentence on count two pursuant to Penal Code section 654. The court added a consecutive four-year term of the enhancement for a total prison term of seven years. The court granted applicable custody credits and imposed a restitution fine.

Riveras appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, raises no issues, and requests this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) The opening brief also includes the declaration of appellate counsel indicating that Rivera was advised he could file his own brief with this court. By way of letter, on May 27, 2003, we invited Rivera to submit additional briefing. To date, he has not done so.

After independent review of the record, we have concluded no reasonably arguable legal or factual argument exists.

The judgment is affirmed.


Summaries of

People v. Rivera

Court of Appeals of California, Fifth Appellate District.
Nov 20, 2003
F042571 (Cal. Ct. App. Nov. 20, 2003)
Case details for

People v. Rivera

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. ALBERTO JESSIE RIVERA, Defendant…

Court:Court of Appeals of California, Fifth Appellate District.

Date published: Nov 20, 2003

Citations

F042571 (Cal. Ct. App. Nov. 20, 2003)