People v. Rivera

Opinion

BUTLER, J.

Richard Raul Rivera pays his third visit to this court. The first time, we affirmed his convictions for assault with intent to commit murder with enhancing allegations and first degree burglary (People v. Rivera (1981) 127 Cal.App.3d 136 [179 Cal.Rptr. 384]). The second time, we agreed with him the court failed to consider the Board of Prison Terms’ determination Rivera’s sentence of ten years and four months (six years for the assault, three years for the great bodily injury enhancement and a sixteen-month consecutive sentence for the burglary) was disparate, i.e., the…