People v. Lopez CA5

INTRODUCTION

In 2015, a jury convicted defendant Israel Lopez of 16 felony counts arising from two home invasions that were determined to be gang related (§ 186.22, subd. (b)). (Undesignated statutory references are to the Penal Code.) Defendant was also convicted of active participation in a criminal street gang (§ 186.22, subd. (a)) and the jury found true firearm enhancements (§ 12022.53, subds. (b), (e)(1)). In a bifurcated proceeding, the court found defendant had suffered a prior strike and serious felony conviction (§§ 667, subds. (a), (c)–(i)) and two prison prior terms (§ 667.5, former subd. (b)). Three robbery counts, the gang count, and the gang and firearm enhancements were reversed on appeal, the matter was remanded, and defendant was resentenced on the remaining charges. In 2022, the California Department of Corrections and Rehabilitation (CDCR) identified defendant as an individual potentially eligible for resentencing pursuant to Senate Bill No. 483 (2021–2022 Reg. Sess.) (Senate Bill 483). Additionally, in 2023, the CDCR also recommended recall and resentencing pursuant to section 1172.1, subdivision (a)(1) in light of the court’s new discretion to dismiss a…