People v. Lopez CA4/3

FACTS

In 2015, Lopez pleaded guilty to attempted murder (Penal Code,1 §§ 664, subd. (a), 187, subd. (a); count 1), and misdemeanor gang

1 All further statutory references are to the Penal Code.

2 participation (§ 186.22, subd. (a); count 2). He also admitted a vicarious firearm discharge enhancement (§ 12022.53, subds. (c) & (e)(1)). 2 Lopez executed the standard Tahl form at the time he entered his guilty pleas. That form included this factual basis for the attempted murder plea: “In Orange County, California, on August 3, 2013, I did unlawfully, and with the specific intent to kill, attempt to murder John Doe, a human being.” Before accepting the guilty plea, the trial judge asked Lopez: “Are those written statements true?” Lopez replied, “Yes, your honor.” The court then sentenced Lopez, apparently as a result of a negotiated plea, to 25 years in prison (the low term of five years on the attempted murder plus 20 years for the vicarious firearm discharge). In July 2023, Lopez filed a petition pursuant to section 1172.6 in which he requested that he be resentenced. In support of that petition Lopez alleged that he could not now be convicted of attempted murder because of the…