People v. Lopez CA2/8

Filed 5/29/15 P. v. Lopez CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B257481

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA097713) v.

CODY J. LOPEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Tomson T. Ong, Judge. Affirmed.

Eric Cioffi, under appointment by the Court of Appeal, for Defendant and Appellant.

No response by Plaintiff and Respondent.

__________________________

On December 6, 2013, California Highway Patrol Officer Phillip Dibene pulled over a red Volkswagen Jetta driven by Cody Lopez. Lopez did not have a driver’s license or vehicle registration, but instead gave Dibene a car rental agreement in the name of Shannon Speigner and said that she was his friend. Dibene’s partner discovered that a “dealer’s paper license plate” was in fact covering an actual license plate. A computer search revealed that the license plate on the Jetta in fact belonged to a Nissan. After running the Jetta’s vehicle identification number, Dibene learned that the Jetta had been rented from Enterprise Rent-A-Car and had been reported stolen eight days earlier. Dibene arrested Cody and gave him his Miranda1 warnings. Dibene’s patrol car had audio and video recorders, which captured an exchange between Dibene and Lopez. In short, Lopez claimed that Speigner, who he had just met, let him borrow the car. Asked whether he thought that was “weird and shady,” Lopez replied, “Well, I thought the most I would get was ‘driving without a license.’ I didn’t know this car was stolen.” Lopez had the car key on his own key chain. He claimed he was alone when he met Speigner at a 99 Cents Store. Dibene had also learned that Speigner met acquaintance Daniel Davis at the 99 Cents Store, and that Davis had taken the car. While booking Lopez, Dibene asked whether he knew Davis. Lopez said he did, and that he and Davis met Speigner at the 99 Cents Store intending to sell her fake drugs. When they left the store, Davis said they should steal Speigner’s car. Lopez drove off in the car they had arrived in while Davis drove away in Speigner’s rental car. Lopez told Dibene that he began driving the Jetta after that time. Lopez had two prior convictions for unlawful taking or driving of a vehicle (Veh. Code, § 10851), and he was charged with one count of unlawful taking or driving of a vehicle, with a prior conviction of the same offense. (Pen. Code, § 666.5.) The information also alleged Lopez’s sentence should be enhanced because he committed another felony offense while out on bail in this case. (Pen. Code, § 120221.)