People v. Lopez CA5

STATEMENT OF THE CASE

Lopez was charged in an information with one felony count of stalking with a prior stalking conviction, a violation of Penal Code1 section 646.9, subdivision (c)(2). The information further alleged Lopez had suffered a prior strike conviction within the meaning of the Three Strikes law (§§ 1170.12, subds. (a)–(d), 667, subds. (b)–(i)). The prior strike conviction was a violation of section 422, which he suffered on July 11, 2011. The information also alleged that the aggravating factors set forth in California Rules of Court,2 rule 4.421(b)(1)–(b)(5), applied. Additionally, the information charged Lopez with a misdemeanor count of resisting arrest (§ 148, subd. (a)(1)). At trial, but before evidence presentation began, the People moved to amend the information by interlineation to clarify that the stalking charge involved a course of conduct occurring between September 26, 2023, and October 22, 2023, and that they intended to present evidence of four specific incidents that took place in that span. The

1 Undesignated statutory references are to the Penal Code.

2 References to rules are to the California Rules of Court.

2. trial court granted the…