People v. Lopez CA4/2

INTRODUCTION

In 2009, a jury found defendant and appellant Jaime Lopez guilty of two counts of

misdemeanor battery (Pen. Code1, § 242, counts 1 & 2) and three counts of committing a

lewd act upon a child under the age of 14 (§ 288, subd. (a), counts 3-5). The jury also

found true the allegation that he committed counts 3 through 5 against multiple victims in

the same case. (§ 667.61, subds. (b), (c) & (e).) A trial court sentenced defendant to

serve a total term of 45 years to life. In 2023, defendant filed a post-conviction motion

for discovery, pursuant to section 1054.9, subdivision (a). The court denied the motion,

finding no good cause.

Defendant filed a notice of appeal, challenging the court’s order denying his

motion for discovery. We affirm.

FACTUAL BACKGROUND2

In 2001, a Wal-Mart employee notified the police that defendant had dropped off

film to be developed. The film contained inappropriate photographs of naked girls in the

shower, and photos of girls blindfolded, wearing lingerie. The police determined that

defendant’s stepdaughters, C.H. and N.E., were the girls in the photographs. An officer

went to defendant’s apartment, and both C.H. and N.E. (the…