People v. Lopez CA4/1

Filed 10/9/25 P. v. Lopez CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D084936

Plaintiff and Respondent,

v. (Super. Ct. No. FWV901942)

JOSE CARLOS LOPEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Bernardino County, Ingrid A. Uhler, Judge. Affirmed and remanded with instructions. Siri Shetty, 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, Collette C. Cavalier and James H. Flaherty III, Deputy Attorneys General, for Plaintiff and Respondent. After a full resentencing following a change in law, Jose Carlos Lopez appeals two aspects of his sentence: (1) that the custody credits do not fully account for the time he served up to the August 2, 2024 resentencing, and

(2) the reimposition of the $5,000 restitution fine under Penal Code section 1204.4 when (a) the court did not orally pronounce it at resentencing and (b) a newly effective law requires the remaining balance to be vacated. The People concede error as to the calculation of custody credits. Resolving this matter by memorandum opinion (see generally People v. Garcia (2002) 97 Cal.App.4th 847), we accept the People’s concession and remand with instructions. In all other respects, we affirm. I. In 2010, a jury found Lopez guilty of first degree murder (Pen. Code, § 187(a); count 1) with corresponding firearm and criminal street gang enhancements (§§ 12022.53(b), (c) & (d) & 186.22(b)(1)(C)); carrying a loaded firearm (§ 12031(a)(1); count 2); and possession of a firearm (§ 12021(a)(1); count 3) with a corresponding criminal street gang enhancement (§ 186.22(b)(1)(A)). Lopez was sentenced to a total of 91 years to life in prison, including a prior prison term enhancement (§ 667.5(b)). Among other fines, the court imposed a $5,000 restitution fine under section 1202.4 and a corresponding $5,000 parole revocation fine under section 1202.45. Lopez was credited for 455 days of time served. On August 2, 2024, Lopez was resentenced under section 1172.75. At the resentencing hearing, the trial court struck the prior prison term enhancement, struck the criminal street gang enhancements, and reduced the sentence for the possession of a firearm from the upper term to the midterm. Lopez’s sentence was reduced to 79 years to life in prison. During the oral pronouncement, the trial court did not mention fines of any kind.