Legal Opinion

People v. Rivera

California Court of Appeal

Decided May 20, 2003No. D040216PublishedCited by 3 opinions

1Opinion of the Court

Opinion

HUFFMAN, J.

After the court denied a motion for acquittal (Pen. Code, § 1118.1), 1 a jury convicted Fermín Rivera of auto burglary. (§ 459.) He admitted serving a prior prison term. (§§ 667.5, subd. (b), 668.) The court sentenced him to prison for three years: the two-year middle term for burglary, enhanced one year for the prior prison term. Rivera contends the trial court erred in denying the motion for acquittal and there is insufficient evidence to support the conviction.

Facts

Between 1:00 a.m. and 2:00 a.m. on January 9, 2002, San Diego Police Officer Richard Widner responded to a…

2Cases cited6 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. People v. BolinCalifornia Supreme Court · 1998
  3. People v. SamuelCalifornia Supreme Court · 1981
  4. People v. GoldsteinCalifornia Court of Appeal · 1956
  5. People v. BurnsCalifornia Court of Appeal · 1952

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. People v. SmithCalifornia Court of Appeal · 2008
  2. Mann v. Spark Public Relations, LLC CA1/1California Court of Appeal · 2021
  3. People v. JenkinsCalifornia Court of Appeal · 2021

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