People v. Lopez CA4/1

INTRODUCTION

Antonio Martinez Lopez pled guilty to two counts of child molestation for acts he committed against his adopted daughter. In exchange for Lopez’s plea, the People dismissed nine other counts and the parties stipulated to a sentence between the range of five and 13 years in prison. On appeal, Lopez contends the trial court prejudicially erred by imposing the upper term sentence of 13 years based on aggravating factors that he did not stipulate to and were not found true beyond a reasonable doubt at trial. We agree and reverse the judgment and remand for resentencing.

BACKGROUND

Based on acts Lopez committed against his adopted daughter between June 2016 and June 2022, he was charged by complaint with five counts of

committing a lewd act on a child under Penal Code1 section 288, subdivision (a); one count of forcible lewd act on a child under section 288, subdivision (b)(1); three counts of forcible rape under section 261, subdivision (a)(2); and two counts of lewd act on a child 14 or 15 years of age under section 288, subdivision (c)(1). The complaint further alleged three aggravating factors for purposes of sentencing pursuant to California Rules of Court, rule…