People v. Lopez CA4/3

Filed 8/2/22 P. v. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

Plaintiff and Respondent, G060492

v. (Super. Ct. No. 19WF2828)

FABIAN LOPEZ, OPI NION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Terri K. Flynn-Peister, Judge. Affirmed. Sally Patrone Brajevich, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Robin Urbanski, Acting Assistant Attorney General, Alana R. Butler and Arian R. Contreras, Deputy Attorneys General, for Plaintiff and Respondent. * * *

Defendant Fabian Lopez appeals from his conviction after a jury trial on two counts of second degree robbery and several related enhancements. (Pen. Code, §§ 1 211, 212.5, subd. (c), 12022, subd. (b)(1).) He was sentenced to four years with appropriate credits. He claims on appeal that there was insufficient evidence to convict because no eyewitness or DNA evidence linked him to either robbery. Under the substantial evidence standard of review, we find the evidence sufficient to support his convictions on both counts, and we therefore affirm the judgment.

I FACTS On the evening of November 19, 2019, Walaa Y. was working at a liquor store in Huntington Beach. Two individuals entered, one of whom was wearing a Santa hat and a bandana covering his face. He pointed a knife at Walaa and told her to give him all her money. Walaa thought he was joking at first, but the man in the Santa hat repeated the demand, and the second man pointed a gun at her. She was “really scared.” She opened the cash register and the two men took all of the money, which was $820 in cash, and fled, driving away in a dark gray sedan driven by a third person. The car had been backed into a parking space. Walaa described the man in the Santa hat as being in his 30’s, having bronze skin and dark eyes, five feet seven inches tall and 160 pounds. The knife blade was three or four inches long. She described the second man as taller and “a little chubbier” than the first. Surveillance video showed the man had his face and neck covered by the bandana. The video also showed the first man was wearing black pants with a white logo on the side, black Nike shoes with white Nike “swooshes” and white shoes. It also