People v. Lopez CA4/2

BACKGROUND

On December 31, 2013, the victim was shot in the side of his head while standing

next to his brother in a grocery store parking lot. The victim survived, and his brother

identified Lopez as the shooter. (People v. Lopez (June 21, 2017, E067646) [nonpub.

opn.] at pp. *1-*2.)

2 The San Bernardino County District Attorney charged Lopez with the victim’s

attempted murder. At the preliminary hearing, the prosecution presented evidence

through the testimony of four police officers that Lopez, acting alone, approached the

victim in the grocery store parking lot, shot him, and drove away.1 By information filed

on November 8, 2016, the People alleged that Lopez committed one count of attempted

murder (§§ 187, 664) and one count of shooting from a motor vehicle (§ 26100). The

information also alleged three firearm enhancements as to both counts—personal use of a

firearm (§ 12022.53, subd. (b)), personal and intentional discharge of a firearm

(§ 12022.53, subd. (c)), and personal and intentional discharge of a firearm causing great

bodily injury (§ 12022.53, subd. (d)).

The following day, while jury selection was underway, Lopez pled guilty to

attempted murder and…