People v. Lopez CA5

Filed 1/8/14 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F064487 Plaintiff and Respondent, (Super. Ct. No. CRM009613) v.

PAUL RAMON LOPEZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Merced County. John D. Kirihara, Judge. Thomas Owen, under appointment by the Court of Appeal, for Defendant and Appellant.

* Before Cornell, Acting P.J., Gomes, J. and Hoff, J.† † Judge of the Superior Court of Fresno County, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez and Rebecca Whitfield, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo- INTRODUCTION A jury convicted appellant Raul Ramon Lopez of felony vandalism and misdemeanor vandalism. Lopez contends his convictions should be reversed because (1) the trial court abused its discretion when it denied his motion for a new trial based on newly discovered evidence, and (2) defense counsel rendered ineffective assistance when she failed to object to remarks made by the prosecutor in closing argument. We disagree and will affirm the judgment. FACTUAL AND PROCEDURAL SUMMARY In 2006, Lopez was caught near a graffiti-ridden fence with a backpack full of spray paint cans; his clothes were covered in wet, sticky spray paint. The fence had been spray painted with blue, triangle-shaped faces. Lopez admitted to vandalizing the fence. In 2011, at multiple locations in Merced County, fences and buildings were vandalized. The vandalism consisted of blue, triangle-shaped faces, the monikers “Musket” and “Reson,” the name of two tagging crews, “FRNK” and “STDR,” and the number “666.” The letters “MK” and “RS” also were spray painted. Lopez’s apartment was searched and sheriff’s deputies found graffiti paraphernalia and notebooks with drawings similar to the graffiti found throughout Merced County. The deputies found markers, spray paint, and slap tags, which are stickers. Some slap tags had “666” on them; others had “MK.” The drawings in the notebook included the word “Reson” and the letters “FRNK” and “STDR.” A spray-painted canvas found at the apartment had “Reson” spray painted in the corner; Lopez admitted to being the one who spray painted the canvas.