P. v. Rivas CA5
Defendant Eddie David Rivas was charged with the willful and deliberate murder of Mia Ramirez (Pen. Code, § 187, subd. (a); count 1); resisting an executive officer by force (§ 69; count 2); and misdemeanor battery (§ 243, subd. (a); count 3). The information also alleged defendant had suffered two prior serious felony and strike convictions: attempted carjacking and assault on a peace officer.
The jury found defendant not guilty of first degree murder, but convicted him of second degree murder, resisting an executive officer, and misdemeanor battery. The court dismissed the allegations concerning the prior attempted carjacking conviction, and found true the allegations concerning the prior assault on a peace officer conviction.
The court sentenced defendant as follows: 30 years to life for count 1, plus five years for the prior serious felony conviction (§ 667, subd. (a)); plus a consecutive six-year term for count 2; and a concurrent 180-day term for count 3. The court
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