People v. Lopez CA2/5

Filed 8/18/25 P. v. Lopez CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B339047

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA358153) v.

JONATHAN LOPEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Eleanor J. Hunter, Judge. Affirmed. Susan S. Bauguess, 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, Senior Assistant Attorney General, Roberta L. Davis and Lauren N. Guber, Deputy Attorneys General, for Plaintiff and Respondent.

I. INTRODUCTION

In 2010, a jury convicted defendant Jonathan Lopez of second degree murder (Pen. Code, § 187, subd. (a)1) and found true firearm allegations under section 12022.53, subdivisions (b) through (d) and a gang allegation under section 186.22, subdivision (b)(1)(C). Defendant was 15 years old at the time of the murder. The trial court sentenced defendant to 40 years to life in state prison. A prior panel of this court affirmed defendant’s conviction. (People v. Lopez (Feb. 16, 2012, B230093, B234717) [nonpub. opn.].) In 2024, defendant filed a petition for recall and resentencing under section 1170, subdivision (d)(1)(A) and People v. Heard (2022) 83 Cal.App.5th 608 (Heard). The court, without appointing counsel or holding a hearing, denied the petition ruling that defendant’s sentence was not the functional equivalent of life without the possibility of parole (LWOP). We affirm.