People v. Lopez CA2/7

Filed 9/1/20 P. v. Lopez CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B297547

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA098163) v.

ARNOLD NAJERA LOPEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Hector M. Guzman, Judge. Affirmed. Lise M. Breakey, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. _______________

Arnold Najera Lopez brandished a replica gun and assaulted a youth during separate confrontations. He was subsequently convicted of four misdemeanor counts based on these incidents and placed on probation. No arguable issues have been identified following review of the record by Lopez’s appointed appellate counsel or our own independent review. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Lopez was charged in an information with assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)), assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)) and two counts of brandishing a replica gun (Pen. Code, § 417.4). According to the evidence at trial, after the end of the high school day, Lopez insulted Carlos G. and pointed a replica gun at him.1 Lopez and Carlos then engaged in a fistfight. When the fight was over, Lopez again pointed the gun at Carlos, who thought it was real. The following morning Carlos, Wendy S. and several other students were walking to school when a car pulled up. Lopez got out of the passenger side of the car, pointed the replica gun at Carlos and spoke to him. Frightened, Carlos began to move away. Recognizing the gun was not real, Wendy intervened and spoke to Lopez as one of the other students called the police. The driver demanded that Lopez return to the car, and he complied. Wendy told Lopez to leave, and the two of them exchanged blows through the car window. Lopez then used the butt of his gun to strike Wendy, causing swelling to her face. As the car began to move, Lopez grabbed Wendy’s hand and pulled