People v. Lopez CA1/2

Filed 10/10/24 P. v. Lopez CA1/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, A169364 v. JOEL GARCIA LOPEZ, (Alameda County Super. Ct. No.17CR006892B) Defendant and Appellant.

After Joel Garcia Lopez (Garcia) was convicted of first degree murder and other offenses, the convictions were affirmed on appeal, but the matter was remanded for resentencing. This appeal is from the orders on resentencing. Garcia’s appointed appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), in which she raises no issue and asks this court for an independent review of the record. Counsel attests that she advised Garcia of his right to file a supplemental brief, but Garcia has not filed one. Having examined the entire record in accordance with Wende, we agree with counsel that there are no arguable issues requiring further briefing and affirm.

1

BACKGROUND The facts underlying Garcia’s convictions were related in our unpublished opinion on the appeal. (People v. Garcia Lopez (October 26, 2022, A161203).) In brief, Garcia and codefendant Ferrer were convicted of murdering Lorenzo Castrejon in retaliation for Castrejon giving his girlfriend a black eye. On the evening of the murder, the girlfriend heard Ferrer and Garcia talking about beating and robbing Castrejon. After an initial confrontation in a convenience store parking lot, Castrejon suggested they go somewhere without surveillance cameras. Garcia and Ferrer followed Castrejon’s car to a dead-end street and, as Castrejon tried to turn his car around, sprayed the car with dozens of bullets, killing Castrejon. Garcia was using an SKS-style rifle, and the codefendant was using a handgun. Castrejon’s girlfriend and her friend Patricia F. had been at the convenience store parking lot and had also followed Castrejon, stopping their car at the beginning of the dead end street. Patricia F. testified at trial that Garcia had threatened to kill her if she talked. After a jury trial, Garcia was convicted of first degree murder (Pen. Code, § 187, subd. (a)1) (count 1), with findings that he personally discharged a firearm causing death (§ 12022.53, subd. (d)), personally used a firearm in the commission of a felony (§ 12022.5, subd. (a)) and personally inflicted great bodily injury (§ 12022.7, subd. (a)); shooting at an occupied motor vehicle (§ 246) (count 2), with the same firearm findings; possession of a firearm by a felon (§ 29800, subd. (a)) (count 5); and one count of dissuading a witness (§ 136.1, subd. (c)(1)) (count 7).2 He was sentenced on count 1 to an aggregate