People v. Lopez CA4/1

Filed 4/30/25 P. v. Lopez CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D083906

Plaintiff and Respondent,

v. (Super. Ct. No. SCN420969)

MANUEL ANTONIO LOPEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Bradley A. Weinreb, Judge. Affirmed. Charles Thomas Anderson, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Christopher P. Beesley and Warren J. Williams, Deputy Attorneys General, for Plaintiff and Respondent. Manuel Antonio Lopez appeals from a judgment imposing an aggregate sentence of 22 years in prison based on the upper rather than the middle or

low term. Resolving this matter by memorandum opinion (see generally People v. Garcia (2002) 97 Cal.App.4th 847), we affirm. I. In 2023, Lopez pled guilty to attempted murder (Pen. Code, §§ 664, 187(a); count 1) and admitted (1) he personally discharged a firearm (§ 12022.5(a)), (2) he personally inflicted great bodily injury (§ 12022.7(a)), and (3) he committed the offense for the benefit of a criminal street gang (§ 186.22(b)(1)). Lopez further admitted his prior convictions were numerous and of increasing seriousness. Prior to sentencing, psychologist Morgan Shaw submitted an evaluation to the court stating Lopez “met the criteria for a diagnosis of Posttraumatic Stress Disorder.” (Italics and bolding omitted.) Lopez also filed a motion to strike and a statement in mitigation for the purposes of sentencing. One of the described “circumstances in mitigation” was: “The commission of the current offense is connected to the defendant’s prior victimization or childhood trauma . . . . In a recent evaluation, Mr. Lopez met the criteria for a diagnosis of Posttraumatic Stress Disorder . . . . In addition, he was found to have PTSD based on his childhood years.” (Bolding omitted.) As such, Lopez’s defense counsel argued it had “demonstrated sufficient factors in mitigation to justify imposing the lower range.” In 2024, the court sentenced Lopez to a total prison term of 22 years, using the upper term. At the sentencing hearing, the court found and weighed aggravating factors under rule 4.421 of the California Rules of Court, such as Lopez’s gang-related conduct, prior criminal history, and general tendency toward violence with weapons. As to rule 4.421(a)(1) and (b)(1) through (5), the court concluded, “Those factors are all apparent in this particular case.”