People v. Lopez CA4/1

Filed 5/15/25 P. v. Lopez CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D084077

Plaintiff and Respondent,

v. (Super. Ct. No. SCE417025)

JOHN DAVID LOPEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Frank L. Birchak, Judge. Affirmed. Marta I. Stanton, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent. MEMORANDUM OPINION John David Lopez appeals from a judgment of conviction and sentence following a guilty plea to voluntary manslaughter. His appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders). We notified Lopez of his right to file a supplemental brief, and he has not done so. Based on our independent

review of the record, we find no reasonably arguable appellate issues and affirm the judgment. I. Background In an amended information, Lopez was charged with murder (Pen. Code, § 187, subd. (a) (all further references are to the Penal Code)) with firearm enhancements pursuant to section 12022.53, subdivision (d), and section 12022.5, subdivision (a). It was further alleged he had two serious felony priors and two strike priors based on felony assault convictions from 1985 and 2016. Three aggravating circumstances were also alleged in support of an upper term sentence. On March 11, 2024, Lopez pled guilty to the lesser included offense of voluntary manslaughter (§ 192, subd. (a)) and admitted the section 12022.5, subdivision (a), firearm enhancement and one strike prior. With the