P. v. Rivera CA4/1
In 2010, a jury convicted Alberto Rivera, Jr. of one count of second degree murder (Pen. Code, § 187, subd. (a)), one count of attempted voluntary manslaughter (§§ 664, 192, subd. (a)), and one count of discharging a firearm into an occupied vehicle (§ 246). The jury also found true allegations that Rivera personally discharged a firearm causing death or serious bodily injury (§ 12022.5, subd. (a)).
At the original sentencing the court imposed a determinate term of four years four months (one-third the midterm) for attempted manslaughter and three years for the firearm (also one-third the midterm) consecutive to a 40-year-to-life indeterminate sentence for the murder count.
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