People v. Lopez CA5

STATEMENT OF THE CASE

In October 2004, the Stanislaus County District Attorney filed a three-count information against 16-year-old Lopez and 24-year-old Manuel Hernandez. The information charged both defendants with murder (§ 187, count 1), assault with a deadly weapon (§ 245, subd. (a)(1); count 2), and actively participating in a criminal street gang (§ 186.22, subd. (b)(1); count 3). As to count 1, it was further alleged that a principal intentionally and personally discharged a firearm causing great bodily injury or death (§ 12022.53, subds. (d) and (e)(1).) As to counts 1 and 2, it was further alleged the crime was committed to benefit a criminal street gang (§ 186.22, subd. (b)(1)). Lopez and Hernandez were tried together in 2007. The jury convicted Lopez on all counts and found true all enhancement allegations. As to Hernandez, the jury was hung on the murder count, but the jury convicted him on the assault and gang participation counts. The trial court sentenced Lopez to a total term of 40 years to life in prison.

FACTUAL AND PROCEDURAL BACKGROUND

I. Trial evidence

Daniel Morales was shot to death at around 3:30 p.m. on April 6, 2004. He was 16 years old. Jesus…