People v. Lopez CA1/1

DISCUSSION

A jury convicted defendant of two counts of attempted murder (Pen. Code, §§ 664, 187, subd. (a)),1 three counts of assault with a firearm (§ 245, subd. (a)(2)), and one count of possession of a firearm by a felon (§ 29800,

All further statutory references are to the Penal Code unless

otherwise indicated.

1 subd. (a)(1)) and found true several enhancements. Defendant filed a motion for new trial and a Romero motion.2 The trial court denied both motions and sentenced defendant to an aggregated term of 111 years 8 months to life, which included the imposition of two, one-year enhancements for defendant’s prior prison terms. On direct appeal of the conviction (People v. Lopez (Mar. 17, 2022, A154417) [nonpub. opn.]), this court struck the one-year prior prison term enhancements in light of Senate Bill No. 136 (2019–2020 Reg. Sess.), which amended section 667.5, subdivision (b), to limit its prior prison term enhancements to only prior prison terms for sexually violent offenses, as defined in Welfare and Institutions Code section 6600, subdivision (b), and remanded the matter to the trial court for a full resentencing hearing. (Lopez, supra, A154417.) In all other…