People v. Lopez CA3

I. BACKGROUND

A jury convicted defendant of attempted shooting at an occupied vehicle (count 1), active participation in a criminal street gang (§ 186.22, subd. (a)—count 5), and possession of a firearm by a person who has been convicted of a felony (count 7). The jury found true that defendant committed counts 1 and 7 for the benefit of, at the direction of, or in association with a criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members. (§ 186.22, subd. 2 (b)(1).) In a bifurcated proceeding, the trial court found true that defendant had two prior serious felony convictions, two prior strike offenses, and one prior prison term. The trial court sentenced defendant to 25 years to life consecutive on each of counts 1 and 7, plus a 20-year determinate term for the prior serious felony enhancements. The court stayed the sentence on count 5 (§ 654). Defendant appealed, and another panel of this court affirmed the judgment in an October 2020 unpublished opinion. Our Supreme Court granted review and deferred the matter pending consideration and disposition of a related issue in People v. Valencia,

S250218.

1 Undesignated…