People v. Lopez CA4/3

FACTS AND PROCEDURAL HISTORY

I.

THE GUILTY PLEA

At a preliminary hearing, evidence was introduced showing Lopez was with Salvador Burciaga and two other men the evening of July 28, 2008. All of them were members of Varrio Little Town, a criminal street gang. That evening, the four men drove around Costa Mesa looking for enemy gang members. They eventually stopped their car on a residential street claimed by other gangs. Burciaga exited the car carrying a shotgun and approached a group of people on a driveway. Burciaga asked the group where

1 All undesignated statutory references are to the Penal Code.

2 they were from and then fired the gun, striking and injuring the victim. He then ran back to the car, which fled the scene. On October 8, 2013, the prosecution filed an information (the information) charging Lopez with three counts: (1) attempted murder (former § 187, subd. (a) & § 664, subd. (b)); (2) street terrorism (former § 186.22, subd. (a)); and (3) aggravated assault (§ 245, subd. (a)(1)). Several enhancements were also alleged. That same day, Lopez pleaded guilty to all three counts and admitted the truth of the enhancements. Lopez’s plea form admitted the following…