People v. Lopez CA2/1

Filed 4/26/21 P. v. Lopez CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B308988

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA054272) v.

MICHAEL SANTILLAN LOPEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, David W. Stuart, Judge. Dismissed. Jennifer Peabody, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ____________________________

PROCEDURAL BACKGROUND AND DISCUSSION “Defendant [Michael Santillan Lopez] went to trial on charges of willful, deliberate and premeditated attempted murder of a peace officer (§§ 664 & 187, subd. (a)),1 assault on a peace officer with a semi-automatic firearm (§ 245, subd. (d)(2)), evading a peace officer (Veh. Code, § 2800.2, subd. (a)), possession of a firearm by a felon (§ 12021, subd. (a)(1)), carrying a loaded firearm (§ 12031, subd. (a)(1)), and possession of ammunition (§ 12316, subd. (b)(1)).2 The following gang and weapon enhancements were also alleged: as to counts one through three, defendant personally and intentionally discharged a firearm (§ 12022.53, subd. (c)), and a principal personally used a firearm (§ 12022.53, subds. (b) [&] (e)(1)); as to count three, defendant personally used a firearm (§ 12022.53, subd. (b) [&] § 12022.5, subds. (a) [&] (d)); as to count seven, defendant was an active participant in a street gang (§ 12031, subd. (a)(2)(C)); and as to counts one through eight, the offenses were committed 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 criminal conduct by gang members (§ 186.22, subd. (b)(1)(A) [counts four through eight] and (C) [counts one through three]). It was also alleged that defendant suffered prior convictions of serious or violent felonies or juvenile adjudications. (§ 1170.12,