Lopez

Filed 8/27/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G061870

v. (Super. Ct. No. 02NF3143)

GERARDO LOPEZ, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Terri K. Flynn-Peister, Judge. Affirmed. Reed Webb, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Daniel Rogers, Alan L. Amann, and Sharon L. Rhodes, Deputy Attorneys General, for Plaintiff and Respondent. * * * In 2005, Gerardo Lopez was convicted of first degree murder (Pen. Code, § 187, subd. (a)) with the special circumstances that the killing was committed in the course of a robbery and in the commission of a 1 kidnapping (Pen. Code, § 190.2, subd. (a)(17)(A) & (B)). One of the theories offered by the prosecution at trial was felony murder. (§ 189.) In 2022, Lopez petitioned the court to be…