People v. Castro-Lopez CA4/3

Filed 6/21/22 P. v. Castro-Lopez CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, G060251 Plaintiff and Respondent, (Super. Ct. No. 17HF0805) v. OPINION ANTONIO CASTRO-LOPEZ,

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Steven D. Bromberg, Judge. Affirmed. Rex Adam Williams, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. * * *

As discussed in more detail below, Antonio Castro-Lopez appeals from a judgment of conviction following a jury trial. We appointed counsel to represent him on appeal. Appointed counsel filed a brief pursuant to the procedures set forth in People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738. While not arguing against defendant, counsel filed a brief which set forth the facts of the case and advised us he was unable to find an issue to argue on defendant’s behalf. In his sworn declaration, counsel also informed us that he instructed Castro-Lopez he could file “a supplemental opening brief” on his own behalf with this court if he wished to do so; Castro-Lopez has not filed any supplemental briefing with this court.

FACTS On June 3, 2017, S.R. met her fiancée, J.G., outside a pub in Mission Viejo. Three men, including defendant, Castro-Lopez, later approached the couple. Castro-Lopez said to S.R., “You don’t remember me? I’m Bouncer from Family Mob.” Shortly thereafter, Castro-Lopez and J.G. began to fight. S.R. tried to intervene, but defendant pushed her to the ground. J.G. then fell to the ground; he was not moving. Castro-Lopez stomped on J.G.’s head and kicked him several times. Castro-Lopez then ran off with another man, and both men entered a vehicle driven by a third man. The vehicle was driven from the scene. Paramedics responded and transported J.G. to the hospital. He sustained a skull fracture with a concussion, a nasal fracture, a tibial fracture, and multiple lacerations. J.G. spent several days in the hospital. 1 Castro-Lopez was arrested and charged with attempted murder (Pen. Code, §§ 664, subd. (a), 187, subd. (a)) (count 1), and assault by means of force likely to cause