People v. Lopez CA4/1

I. Background In an amended information, Lopez was charged with murder (Pen. Code, § 187, subd. (a) (all further references are to the Penal Code)) with firearm enhancements pursuant to section 12022.53, subdivision (d), and section 12022.5, subdivision (a). It was further alleged he had two serious felony priors and two strike priors based on felony assault convictions from 1985 and 2016. Three aggravating circumstances were also alleged in support of an upper term sentence. On March 11, 2024, Lopez pled guilty to the lesser included offense of voluntary manslaughter (§ 192, subd. (a)) and admitted the section 12022.5, subdivision (a), firearm enhancement and one strike prior. With the

assistance of counsel, Lopez completed and signed a Boykin/Tahl1 waiver form, initialing each line acknowledging the constitutional rights he waived and the consequences of his plea. Relevant here, he initialed the acknowledgements: (1) “I have not been induced to enter this plea by any promise or representation of any kind, except” the stipulated agreement he would be sentenced to “26 years to run concurrent with [case No.] SCD296684.” (2) He was subject to the maximum exposure of 32 years state…