People v. Lopez CA2/6

FACTS

Underlying Convictions In 1996, Lopez was convicted of three counts of second degree robbery (§ 211) and one count of attempted second degree robbery (§§ 664, 211). The trial court found true: as to all four counts, Lopez personally used a firearm in the commission of the offenses. (§ 12022.5, subd. (a).); Lopez had four prior strikes within the meaning of the “Three Strikes” law (§§ 667, subd. (b)- (i), 1170.12 subds. (a)-(d)); Lopez had two prior serious felony convictions (§ 667, subd. (a)) and served a prior prison term (former § 667.5, subd. (b)). The trial court sentenced Lopez to four consecutive 25- years-to-life terms under the three strikes law, plus four consecutive four-year terms for the personal use of a firearm, plus two consecutive five-year terms for the prior serious felony convictions, plus a one-year consecutive term for the prior prison term, for a total of 127 years to life. Lopez was 42 years old when he committed the robberies and attempted robbery. Resentencing Pursuant to Section 1172.75 In 2023, Lopez’s case was called for resentencing pursuant to section 1172.75, invalidating a sentence imposed prior to

1 Section 1171.1 was renumbered section…