People v. Lopez CA5

Filed 12/23/25 P. v. Lopez CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F089230 Plaintiff and Respondent, (Super. Ct. No. BF196683A) v.

MARTIN RAYMOND LOPEZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Brian M. McNamara, Judge. Douglas C. Foster, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Kimberley A. Donohue, Assistant Attorney General, David A. Lowe and Clifford E. Zall, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Peña, Acting P. J., Snauffer, J. and Harrell, J.

Defendant Martin Raymond Lopez was convicted by a jury of felony stalking and two misdemeanors. In a bifurcated proceeding, the trial court found true four aggravating circumstance allegations as well as a prior strike allegation. He was sentenced to the upper term of five years on the stalking conviction, doubled to 10 years because of the prior strike. On appeal, Lopez asserts the trial court erred by not obtaining his personal waiver of his right to a jury trial on the aggravating circumstance allegations and the prior strike allegation. The People concede, and we agree. However, the error was prejudicial only as to the aggravating circumstances, not as to the prior strike. The matter is remanded to allow Lopez to exercise his right to a jury trial on the aggravating circumstances, and for resentencing. STATEMENT OF THE CASE Lopez was charged in an information with one felony count of stalking with a prior stalking conviction, a violation of Penal Code1 section 646.9, subdivision (c)(2). The information further alleged Lopez had suffered a prior strike conviction within the meaning of the Three Strikes law (§§ 1170.12, subds. (a)–(d), 667, subds. (b)–(i)). The prior strike conviction was a violation of section 422, which he suffered on July 11, 2011. The information also alleged that the aggravating factors set forth in California Rules of Court,2 rule 4.421(b)(1)–(b)(5), applied. Additionally, the information charged Lopez with a misdemeanor count of resisting arrest (§ 148, subd. (a)(1)). At trial, but before evidence presentation began, the People moved to amend the information by interlineation to clarify that the stalking charge involved a course of conduct occurring between September 26, 2023, and October 22, 2023, and that they intended to present evidence of four specific incidents that took place in that span. The