People v. Lopez CA5

Filed 10/27/21 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F080274 Plaintiff and Respondent, (Super. Ct. No. F19904670) v.

DANIEL GABRIEL LOPEZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. David Andrew Gottlieb, Judge. Matthew J. Watts, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and Jeffrey A. White, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Franson, J. and Smith, J.

Defendant Daniel Gabriel Lopez was convicted by jury trial of attempted first degree residential burglary and possession of a smoking device. On appeal, he contends there was insufficient evidence to support his conviction for attempted first degree residential burglary. We find there was sufficient evidence to support his conviction and affirm the judgment of the trial court. PROCEDURAL SUMMARY On September 20, 2019, the Fresno County District Attorney filed a first amended information charging defendant with attempted first degree residential burglary (Pen. Code, §§ 664, 459, and 460, subd. (a);1 count 1) and possession of a smoking device (Health & Saf. Code, § 11364, subd. (a); count 2). It was further alleged defendant had suffered a prior strike conviction within the meaning of the “Three Strikes” law (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)), a prior felony conviction (§ 667, subd. (a)(1)), and three prior prison terms (§ 667.5, subd. (b)). The People moved to dismiss one of the prior prison term allegations, which the trial court granted. On September 24, 2019, a jury found defendant guilty on both counts. On November 4, 2019, the trial court struck the prior felony conviction and the remaining two prior prison term enhancements. That same day, defendant was sentenced to three years in state prison on count 1, doubled to six years for the prior strike. As to count 2, he was given credit for time served. On November 7, 2019, defendant filed a notice of appeal.