People v. Lopez CA2/6

Filed 7/16/24 P. v. Lopez CA2/

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B327881 (Super. Ct. No. CR47771C) Plaintiff and Respondent, (Ventura County) v.

BENNY MENDEZ LOPEZ,

Defendant and Appellant.

Benny Mendez Lopez appeals from a postjudgment motion for resentencing. He is serving a sentence of 25 years to life for first degree murder. He accomplished this crime using a baseball bat. (See People v. Schell (2022) 84 Cal.App.5th 437, 440.) He was represented by appointed counsel at an abbreviated evidentiary hearing. He was not physically present in court and did not appear either by telephone or “zoom” video. The transcript of the brief resentencing hearing is appended hereto as Exhibit A and incorporated herein. A…