People v. Lopez CA5

INTRODUCTION

A jury convicted Luis Daniel Lopez (appellant) of second degree murder of Alex Solorio (Pen. Code, §§ 187, subd. (a), 189, subd. (b))1 with an enhancement for the personal use of a deadly or dangerous weapon (§ 12022, subd. (b)(1)). The trial court sentenced appellant to 16 years to life in state prison. On appeal, appellant contends the trial court erred by failing to instruct the jury with CALCRIM No. 522 (Provocation: Effect on Degree of Murder), the evidence was insufficient to sustain the second degree murder conviction, he was denied access to a competent expert witness, and defense counsel was ineffective for various reasons. We conclude the conviction was supported by sufficient evidence, and that no error occurred. We affirm.

PROCEDURAL BACKGROUND

The Fresno County District Attorney’s Office filed an information charging appellant with murder (§ 187, subd. (a)), with an enhancement for the personal use of a deadly or dangerous weapon (§ 12022, subd. (b)(1)). In appellant’s initial trial, the jury acquitted appellant of first degree murder (§§ 187, subd. (a), 189, subd. (a)) but was unable to reach a verdict on second degree murder. The trial court declared…