People v. Lopez CA2/7

INTRODUCTION

Cuauhtemoc Mendez Lopez appeals from the judgment after the superior court resentenced him under Penal Code section 1172.75.1 He argues that, though the superior court struck a one-year enhancement for having served a prior prison term, the court should have resentenced him to the middle or lower term, rather than the upper term, on one of his convictions and should have dismissed one of two firearm enhancements. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. Mendez Lopez Pleads No Contest to Various Crimes and Admits Several Allegations In 2015 Mendez Lopez pleaded no contest to robbery (§ 211), preventing or dissuading a crime victim or witness from making a report to law enforcement (§ 136.1, subd. (c)(1)), attempted extortion (§ 524), and false imprisonment (§ 236). Mendez Lopez also admitted that he personally used a firearm in committing or attempting to commit a felony, within the meaning of section 12022.53, subdivision (b); that he personally used a firearm in committing or attempting to commit a felony, within the meaning of section 12022.5, subdivision (a); and that he had

Statutory references are to the Penal Code.

2 served a prior prison…