People v. Lopez CA2/8

Filed 11/14/24 P. v. Lopez CA2/8 Opinion following transfer from Supreme Court NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B306060

Plaintiff and Respondent, Los Angeles County Super. Ct. No. BA460612 v.

TEODORO LOPEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Henry J. Hall, Judge. Reversed in part, affirmed in part, and remanded with directions. Benjamin Owens, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Jaime L. Fuster, Joseph P. Lee, Stacy Schwartz and Colleen M. Tiedemann, Deputy Attorneys General, for Plaintiff and Respondent.

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In August 2021, appellate courts were divided on the sentencing issue raised by Teodoro Lopez’s appeal. We followed People v. Zaldana (2019) 43 Cal.App.5th 527 (Zaldana) and affirmed Lopez’s sentence of 125 years to life for his crimes against his step-granddaughters. After receiving instructions from our Supreme Court, we now vacate our earlier decision in light of In re Vaquera (2024) 15 Cal.5th 706 (Vaquera) and remand the matter to the trial court for resentencing on two counts. In all other respects, we affirm. Statutory citations are to the Penal Code. As we recounted before, a jury convicted Lopez of five counts of oral copulation or sexual penetration with a child 10 years old or younger in violation of section 288.7, subdivision (b) (counts 1–5), and two counts of continuous sexual abuse of a child under 14 years old in violation of section 288.5, subdivision (a) (counts 6 and 7). Lopez’s appeal challenged the sentences for the latter two counts. For these counts, the jury found true the allegation that Lopez committed the offenses against more than one victim, within the meaning of section 667.61, subdivisions (b) and (e). The trial court sentenced Lopez under section 667.61—the One Strike law—to consecutive terms of 25 years to life for each count. The court cited section 667.61, subdivision (j)(2), which provides for prison terms of this length where a victim is under age 14. The One Strike law provides an alternative, harsher sentencing scheme for certain sex crimes committed under specified aggravating circumstances. (Vaquera, supra, 15 Cal.5th