People v. Lopez CA5

INTRODUCTION

In 1994, appellant Jaime Juan Lopez and his codefendants carjacked and kidnapped Manuel Toste, with the intent to take Toste’s vehicle. After driving away in Toste’s vehicle, with Toste inside, one of appellant’s codefendants eventually shot Toste in the head, killing him. In 1995, a jury convicted appellant of the following felonies: (1) Second degree murder (Pen. Code, § 187;1 count 1); (2) Kidnapping to commit robbery (§ 209, subd. (b); count 2); (3) Carjacking (§ 215, subd. (a); count 3); and (4) Robbery (§§ 211/212.5, subd. (b)). In 1995, appellant received two consecutive sentences of 15 years to life in prison for the convictions in counts 1 and 2. He also received a consecutive determinate term of six years for the conviction in count 3, which included a one-year firearm enhancement (§ 12022, subd. (a)(1)). A sentence in count 4 was stayed. In 1998, this court issued an unpublished opinion in which we affirmed appellant’s judgment with minor corrections to his sentence. (People v. Lopez, et al. (Dec. 31, 1998,

F024557 & F025403.)

In 2024, the lower court resentenced appellant following retroactive changes in the law. (See § 1172.6, subd. (a).)…