People v. Lopez CA2/8

Filed 8/25/21 P. v. Lopez CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B306060

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA460612) v.

TEODORO LOPEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Henry J. Hall, Judge. Affirmed. Benjamin Owens, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Jaime L. Fuster and Joseph P. Lee, Deputy Attorneys General, for Plaintiff and Respondent. ____________________

A jury convicted Teodoro Lopez of sex crimes against his step-granddaughters. Lopez claims the terms imposed for two of these crimes are unauthorized and must be reversed. We follow People v. Zaldana (2019) 43 Cal.App.5th 527, review granted March 18, 2020, S259731 (Zaldana), and affirm. Statutory citations are to the Penal Code. Lopez and the prosecution declined to brief the underlying facts because this appeal concerns a legal sentencing issue. We follow their lead. We note Lopez, who is over 70 years old, faces a prison sentence of 125 years to life for his crimes against his step- granddaughters. Specifically, Lopez stands convicted of five counts of oral copulation or sexual penetration with a child 10 years old or younger in violation of section 288.7, subdivision (b) (counts 1 through 5), and two counts of continuous sexual abuse of a child under 14 years old in violation of section 288.5, subdivision (a) (counts 6 and 7). We focus on the latter two counts, which involved two of the step-grandchildren. For each of these counts, the jury found true the allegation that Lopez committed the offense against more than one victim, within the meaning of section 667.61, subdivisions (b) and (e). The trial court sentenced Lopez under section 667.61, the “One Strike” law. This statute provides an alternative, harsher set of penalties for certain sex crimes (including violating section 288.5) committed under specified circumstances (including committing the offense against multiple victims). (§ 667.61, subds. (c)(9) & (e)(4); People v. Mancebo (2002) 27 Cal.4th 735, 738, 741–742 (Mancebo).) Depending on the circumstances, the law provides for indeterminate sentences of 15 years to life or 25 years to life. (Mancebo, at p. 742.)