People v. Lopez CA6

I. BACKGROUND

Because the facts underlying Lopez’s offenses are not relevant to this appeal, we omit them and focus on the proceedings in this matter. In 1997, the district attorney filed an information charging Lopez with a felony count for assault with a deadly weapon in violation of section 245, subdivision (a)(1) and a misdemeanor count for resisting arrest in violation of section 148, subdivision (a). The information also alleged eight prior strike offenses, four prior serious felonies, and—most pertinently here—six prison priors. At trial, the jury found Lopez guilty on both counts, and the allegations of prior strike offenses, serious felony convictions, and prison priors were all found true. Because of the prior strikes, Lopez was sentenced under the “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12) to 25 years to life for the assault conviction. The trial court also imposed 20 years for the four prior serious felonies and a concurrent sentence of six months for the misdemeanor. Finally, the trial court included in the sentence six prison priors, but stayed punishment for them. In 2013, Lopez filed a petition for resentencing under the Three Strikes law and in 2021 a…