P. v. Rivera CA2/4
APPEAL from a Judgment of the Superior Court of California. Ricardo R. Ocampo, Judge. Affirmed in part and reversed and remanded in part.
David D. Carico, under appointment by the Court of Appeal for Defendant and Appellant.
Matthew Rodriguez, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Noah P. Hill and Marc A. Kohm, Deputy Attorneys General for Plaintiff and Respondent.
A jury convicted Defendant and Appellant Miguel Rivera of two counts of first-degree murder and two counts of being a felon in possession of a firearm (Pen. Code , §§ 187, subd. (a), 29800, subd. (a)(1)), with true findings he personally discharged a firearm (§ 12022.53, subd. (d)), the murders were committed for the benefit of a street gang (§ 186.22, subd. (b)(1)(C)), and a special circumstance of multiple murder (§ 190.2, subd. (a)(3)). Rivera’s theory at trial was he committed the shootings in self-defense.
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