People v. Lopez CA2/5

Filed 9/16/25 P. v. Lopez CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B336877 (Los Angeles County Plaintiff and Respondent, Super. Ct. No. LA088554)

v.

OSCAR A. LOPEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Terrance T. Lewis, Judge. Affirmed. Alex Green, 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, Assistant Attorney General, Jason Tran and Megan Moine, Deputy Attorneys General, for Plaintiff and Respondent.

I. INTRODUCTION

Defendant Oscar Lopez filed a petition for resentencing under Penal Code section 1172.75.1 The trial court recalled defendant’s sentence, struck two alleged prison priors, and resentenced defendant to 14 years in prison, which included a high-term sentence on one of the counts of conviction. Defendant appeals from the court’s ruling. We affirm.

II. PROCEDURAL BACKGROUND

On April 24, 2019, defendant pleaded no contest to attempted murder (§§ 664, 187, subd. (a)) and gross vehicular manslaughter while intoxicated (Veh. Code, 191.5, subd. (g)). He also admitted that he inflicted great bodily injury upon one of the victims (§ 12022.7, subd. (a)) and that he had been convicted of six felonies for which he had served two prior prison terms (§ 667.5, subd. (b)). Pursuant to the terms of the negotiated plea agreement, the trial court sentenced defendant to 16 years in state prison, comprised of: for the attempted murder conviction, a high term of nine years, plus three years for the great bodily injury enhancement, plus two years for the two prior prison term enhancements; and for the vehicular manslaughter conviction, two years to be served consecutively. On September 19, 2023, defendant filed a resentencing petition, arguing that pursuant to section 1172.75, he was entitled to a recall of his sentence, striking of his section 667.5, subdivision (b) enhancements, and a full resentencing hearing.