People v. Lopez CA5

Filed 3/3/26 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F089213 Plaintiff and Respondent, (Super. Ct. No. 1217957) v.

PAUL ANTHONY LOPEZ, JR., OPINION Defendant and Appellant.

APPEAL from an order of the Superior Court of Stanislaus County. Dawna Reeves, Judge. Steven A. Torres, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Kimberley A. Donohue, Assistant Attorney General, Amanda D. Cary and Lewis A. Martinez, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

Appellant Paul Anthony Lopez, Jr., challenges the denial of his petition for resentencing under Penal Code section 1172.6.1 We conclude the record of conviction shows he is ineligible for resentencing as a matter of law, and we affirm the trial court’s order. BACKGROUND Underlying Criminal Proceedings The District Attorney of Stanislaus County filed an information on January 22, 2007, charging appellant and codefendants with premeditated attempted murder (§§ 664, 187; count I); assault with a deadly weapon (§ 245, subd. (a)(1); count II); possession of a shank while in custody (§ 4502, subd. (a); count III); and active participation in a criminal street gang (§ 186.22, subd. (a); count IV). The information also alleged the following enhancements: the offenses were committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)) as to counts I, II, and III; great bodily injury was personally inflicted (§ 12022.7, subd. (a)) as to counts I, II, and IV; and a deadly weapon was personally used (§ 12022, subd. (b)) as to counts I and IV. A jury convicted appellant of counts I, III, and IV, found true the gang enhancement as to counts I and III, found true the great bodily injury enhancement as to count I, and acquitted appellant of count II on May 17, 2007. The court sentenced appellant to 20 years to life in prison as follows: 15 years to life on count I, plus a consecutive three-year term for the great bodily injury enhancement; one year on count III, plus one year for the gang enhancement; and the sentence on count IV was stayed (§ 654). Appellant’s sentence was imposed consecutively to his sentence in another case. Appellant appealed to this court, and we affirmed the judgment. (People v. Lopez (Jun. 24, 2009, F054541) [nonpub. opn.].)