People v. Lopez CA5

DISCUSSION

The facts underlying defendant’s convictions are detailed in People v. Lopez, supra, 82 Cal.App.5th at pages 7 through 10. We incorporate the summary by reference, but it is not relevant to the issues in this appeal. A “traditional statement of facts” is therefore unnecessary. (People v. White (1997) 55 Cal.App.4th 914, 916, fn. 2.) Defendant’s case was severed from a larger prosecution of dozens of people. He was charged with conspiracy to commit “home invasion robbery” (Pen. Code, §§ 182, subd. (a)(1), 211, 213, subd. (a)(1)(A); counts 19 & 162); participation in a “criminal street gang conspiracy” to commit the same target offense (§ 182.5; count 20); possession of a firearm by a convicted felon (§ 29800, subd. (a)(1); count 156); unlawful possession of ammunition (§ 30305, subd. (a)(1); count 160); and “attempted home invasion robbery” (§§ 664, 211, 213, subd. (a)(1)(A); count 163). (Capitalization omitted.) Each offense was alleged to be gang related under a former version of section 186.22, subdivision (b). Counts 19, 20, and 162 were alleged to be punishable by an indeterminate life term under Penal Code section 186.22, subdivision (b)(4). Defendant was further…