People v. Lopez CA4/3

DISCUSSION

On appeal, Lopez targets the trial court’s findings that his prior convictions constitute serious felonies under the Three Strikes law and section 667(a)(1). He argues those findings must be reversed for lack of proof his prior convictions satisfy the requirements of Assembly Bill 333. Respondent agrees, and so do we. I.

LOPEZ’S PRIOR CONVICTIONS

In 2015, Lopez pleaded guilty to possessing an illegal firearm, and as part of his plea agreement, he admitted committing that offense for the benefit of a criminal street gang under section 186.22, subdivision (b)(1). Pursuant to the agreement, Lopez was sentenced to prison for two years. In 2019, Lopez pleaded guilty to one count of active participation in a criminal street gang under section 186.22, subdivision (a)(1). He also admitted committing five other felonies for the benefit of a criminal street gang. The trial court sentenced him to three years in prison as part of his plea agreement.

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II.

ANALYSIS

For purposes of the Three Strikes law and section 667(a)(1), a serious felony is defined as any serious felony listed in section 1192.7, subdivision (c). (§§ 667, subds. (a)(4), (d)(1) & 1170.12, subd. (b)(1).)…