People v. Lopez CA5

BACKGROUND

Underlying Criminal Proceedings The District Attorney of Stanislaus County filed an information on January 22, 2007, charging appellant and codefendants with premeditated attempted murder (§§ 664, 187; count I); assault with a deadly weapon (§ 245, subd. (a)(1); count II); possession of a shank while in custody (§ 4502, subd. (a); count III); and active participation in a criminal street gang (§ 186.22, subd. (a); count IV). The information also alleged the following enhancements: the offenses were committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)) as to counts I, II, and III; great bodily injury was personally inflicted (§ 12022.7, subd. (a)) as to counts I, II, and IV; and a deadly weapon was personally used (§ 12022, subd. (b)) as to counts I and IV. A jury convicted appellant of counts I, III, and IV, found true the gang enhancement as to counts I and III, found true the great bodily injury enhancement as to count I, and acquitted appellant of count II on May 17, 2007. The court sentenced appellant to 20 years to life in prison as follows: 15 years to life on count I, plus a consecutive three-year term for the great bodily injury…