People v. Lopez CA1/5

BACKGROUND

In June 2012, appellant was convicted by a jury of first degree murder (§ 187, subd. (a)); six counts of assault with a firearm (§ 245, subd. (a)(2)); five counts of attempted murder (§§ 187, subd. (a), 664); two counts of mayhem

1 All undesignated statutory references are to the Penal Code.

Appellant filed his petition under section 1170.95, which was subsequently renumbered section 1172.6. (Stats. 2022, ch. 58, § 10.)

1 (§ 203); and discharging a firearm at an inhabited dwelling (§ 246). The jury also found true firearm and great bodily injury allegations. In February 2016, this court reversed appellant’s first degree murder conviction and remanded the case for the prosecution “to retry that charge or to accept a reduction of the conviction to second degree murder.” (People v. Lopez (Feb. 17, 2016, A136253) [nonpub. opn.].) This court also ordered the sentences for mayhem stayed pursuant to section 654. (Ibid.) In December, the trial court resentenced appellant to an indeterminate term of 225 years to life consecutive to a determinate term of 22 years. On August 26, 2022, appellant petitioned for resentencing under former section 1170.95, and requested appointment…