People v. Lopez CA5

Filed 1/22/25 P. v. Lopez CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIFTH APPELLATE DISTRICT

THE PEOPLE, F087998 Plaintiff and Respondent, (Super. Ct. No. CF94521140) v.

JAIME JUAN LOPEZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Gary R. Orozco, Judge. John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P. J., Peña, J. and Smith, J.

INTRODUCTION

In 1994, appellant Jaime Juan Lopez and his codefendants carjacked and kidnapped Manuel Toste, with the intent to take Toste’s vehicle. After driving away in Toste’s vehicle, with Toste inside, one of appellant’s codefendants eventually shot Toste in the head, killing him. In 1995, a jury convicted appellant of the following felonies: (1) Second degree murder (Pen. Code, § 187;1 count 1); (2) Kidnapping to commit robbery (§ 209, subd. (b); count 2); (3) Carjacking (§ 215, subd. (a); count 3); and (4) Robbery (§§ 211/212.5, subd. (b)). In 1995, appellant received two consecutive sentences of 15 years to life in prison for the convictions in counts 1 and 2. He also received a consecutive determinate term of six years for the conviction in count 3, which included a one-year firearm enhancement (§ 12022, subd. (a)(1)). A sentence in count 4 was stayed. In 1998, this court issued an unpublished opinion in which we affirmed appellant’s judgment with minor corrections to his sentence. (People v. Lopez, et al. (Dec. 31, 1998, F024557 & F025403.) In 2024, the lower court resentenced appellant following retroactive changes in the law. (See § 1172.6, subd. (a).) The court vacated appellant’s murder conviction. For the conviction in count 2 (kidnapping to commit robbery), the court ordered appellant to serve a life sentence with the possibility of parole. The court stayed the sentences in counts 3 and 4, including the firearm enhancement which the jury found true.