Filed 2/22/24 P. v. Rivera CA2/5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions 

not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion 

has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE

Plaintiff and Respondent,

v.

OMAR L. RIVERA,

Defendant and Appellant.

 B331806

 (Los Angeles County

 Super. Ct. No. 

 TA050108)

APPEAL from an order of the Superior Court of Los 

Angeles County, Connie R. Quinones, Judge. Affirmed.

Larry Pizarro, under appointment by the Court of Appeal 

for Defendant and Appellant.

No appearance by Respondent.
In 1998, a jury convicted Omar L. Rivera of premeditated 

attempted murder (Pen. Code,1 §§ 187, subd. (a), 664), and found 

true the allegations that Rivera personally used a firearm 

(§ 12022.5) and personally inflicted great bodily injury upon the 

victim (§ 12022.7). The trial court sentenced Rivera to life with 

the possibility of parole, plus a determinate term of 13 years in 

prison. The Court of Appeal affirmed Rivera’s conviction on 

direct appeal. 

In 2022, Rivera petitioned for resentencing pursuant to 

section 1172.6 (former section 1170.95). After appointing counsel 

and receiving briefs from the People and Rivera, the trial court 

held a hearing and denied the petition based on its finding that 

Rivera did not present a prima facie case for relief. The court 

found that Rivera was convicted as the actual perpetrator; the 

jury was not instructed on aiding and abetting or the natural and 

probable consequences theory of liability for attempted murder.

Rivera appealed, and this court appointed counsel to 

represent him. After examining the record, Rivera’s attorney 

filed an opening brief raising no issues and asking that we follow 

the procedures set forth in People v. Delgadillo (2022) 14 Cal.5th 

216. We invited Rivera to submit a supplemental brief.

Rivera submitted a two-page letter in response that 

requests we conduct an independent review of the record. He 

contends that (1) counsel rendered ineffective assistance by 

failing to investigate other individuals who were identified in the 

police report or to call those individuals to testify at trial; (2) the 

police never interviewed Rivera regarding the crime; (3) the 

police report states that the victim was shot with a revolver, but 

1 All further statutory references are to the Penal Code.
pistol casings were introduced as evidence at trial; and (4) 

Rivera’s inability to understand English prevented his attorney 

from fully advising him of his situation. We limit our 

consideration to the enumerated issues. (Delgadillo, supra, 14 

Cal.5th at p. 232 [where a defendant’s attorney finds no arguable 

issues in an appeal from the denial of a section 1172.6 petition 

and the defendant files a supplemental brief, “the Court of 

Appeal is required to evaluate the specific arguments presented 

in that brief and to issue a written opinion,” but the question of 

whether to conduct an independent review of the entire record is 

“wholly within the court’s discretion”].)

None of the arguments raised in Rivera’s supplemental 

brief address his eligibility for resentencing under section 1172.6 

or have any bearing on whether Rivera could “presently be 

convicted of murder or attempted murder because of changes to 

Section 188 or 189 made effective January 1, 2019.” (§ 1172.6, 

subd. (a)(3).) Rivera’s arguments accordingly provide no basis for 

reversal. (See, e.g., People v. DeHuff (2021) 63 Cal.App.5th 428, 

438 [section 1172.6 “does not permit a petitioner to establish 

eligibility on the basis of alleged trial error”].)
DISPOSITION

The trial court’s order denying Rivera’s section 1172.6 

petition is affirmed.

NOT TO BE PUBLISHED.

MOOR, Acting P. J.

WE CONCUR:

KIM, J.

LEE, J.

 Judge of the San Bernardino Superior Court, assigned by 

the Chief Justice pursuant to article VI, section 6 of the 

California Constitution.