People v. Lopez CA3

Filed 2/24/26 P. v. Lopez CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yolo) ----

THE PEOPLE, C102190

Plaintiff and Respondent, (Super. Ct. No. CR201758041)

v.

JASON MICHAEL LOPEZ,

Defendant and Appellant.

Defendant Jason Michael Lopez appeals from an order denying his motion to strike one of two prior serious felony enhancements and resentence him accordingly. He argues the trial court erred by: (1) refusing to strike a prior serious felony enhancement attached to his conviction for one count of possession of a firearm after an associated gang enhancement was dismissed; and (2) maintaining an indeterminate sentence on that same count. The People agree that resentencing is required, and so do we. Accordingly,

1

we will vacate the sentence for that count, strike one of the associated serious felony enhancements, and remand for resentencing consistent with Penal Code section 667, 1 subdivision (e)(1). I. BACKGROUND A jury convicted defendant of attempted shooting at an occupied vehicle (count 1), active participation in a criminal street gang (§ 186.22, subd. (a)—count 5), and possession of a firearm by a person who has been convicted of a felony (count 7). The jury found true that defendant committed counts 1 and 7 for the benefit of, at the direction of, or in association with a criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members. (§ 186.22, subd. 2 (b)(1).) In a bifurcated proceeding, the trial court found true that defendant had two prior serious felony convictions, two prior strike offenses, and one prior prison term. The trial court sentenced defendant to 25 years to life consecutive on each of counts 1 and 7, plus a 20-year determinate term for the prior serious felony enhancements. The court stayed the sentence on count 5 (§ 654). Defendant appealed, and another panel of this court affirmed the judgment in an October 2020 unpublished opinion. Our Supreme Court granted review and deferred the matter pending consideration and disposition of a related issue in People v. Valencia, S250218.