People v. Lopez CA3

Filed 12/18/24 P. v. Lopez CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C099988

Plaintiff and Respondent, (Super. Ct. No. 23FE009613)

v.

CARLOS OMAR LOPEZ,

Defendant and Appellant.

A jury convicted defendant Carlos Omar Lopez of possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1))1 and possession of ammunition by a felon (§ 30305, subd. (a)(1)). A jury also found true the allegations that he had a prior strike conviction and served a prior prison term. On appeal, Lopez contends his conviction for possession of a firearm by a felon is not supported by substantial evidence. We disagree and thus affirm.

1 Undesignated statutory references are to the Penal Code.

1

FACTUAL AND PROCEDURAL BACKGROUND In June 2023, Lopez was dating and living with his girlfriend, Guadalupe. One night, while Lopez and Guadalupe were in their kitchen, he told her that he was “tired of [her] BS and [her] attitude.” Then, Lopez went behind Guadalupe and placed the dull side of a knife against her neck for approximately four seconds. After more arguing, Lopez grabbed Guadalupe’s neck with his right hand and squeezed with pressure for a few seconds. The following day, Guadalupe told Lopez she wanted to end their relationship and move out of state. After she told a coworker on the phone about the incident, the coworker told her to call the police. Lopez overheard that Guadalupe would call the police. Lopez then sent a voice message to someone. In the message, Lopez said, “You already know what to do, if I don’t pick up the phone, to the [sic] two addresses that I sent you.” Guadalupe saw that Lopez had texted her parents’ address and the address where her children lived. Lopez then told Guadalupe that he was going to his storage unit “[t]o get his guns.” After Lopez left the room, Guadalupe called the police. Guadalupe had previously been to Lopez’s storage unit. She saw Lopez unlock the storage unit with keys in his possession. While in the storage unit, she saw “[g]uns.” Specifically, she saw “a very long rifle,” a “black handgun,” and other firearms in a “black luggage bag.” Afterward, she asked Lopez why he had “so many guns.” He responded that they were “for protection.” During a search of the storage unit, police found mail addressed to Lopez and an empty box for a rifle scope. Police also found an unloaded rifle. The manager of the storage facility confirmed that Lopez signed a rental agreement for a storage unit in January 2023. The manager had seen Lopez at the storage facility about three times. Additionally, the manager testified that each renter has a gate code, and the system records when a renter enters the facilities. According to computer