People v. Lopez CA3

BACKGROUND

The complaint charged Lopez with assault with a deadly weapon and alleged that he had a prior strike conviction. (Pen. Code, §§ 245, subd. (a)(1), 1170.12, subd. (b),

1 667, subd. (d).)1 It also alleged as aggravating factors that Lopez had numerous prior convictions and served a prior prison or jail term. (Cal. Rules of Court, rule 4.421(b)(2), (3).) Pursuant to a negotiated plea agreement, Lopez pleaded no contest to assault with a deadly weapon and admitted a prior strike conviction in exchange for the low term of two years doubled. He stipulated that the factual basis for the plea was that he approached the victim with a knife and waved it toward him. The trial court accepted the plea and, consistent with the parties’ agreement, dismissed the remaining allegations in the complaint as well as a separate case with a waiver under People v. Harvey (1979) 25 Cal.3d 754. As the parties had agreed, the trial court sentenced Lopez to the low term of two years, doubled to four years due to his prior strike conviction. The court imposed various fines and fees and ordered restitution in the amount of $2,854.37. Lopez filed a timely notice of appeal. The trial court denied…