Lopez

People v. Lopez

Good Law
176 Cal. App. 3d 460·1986 Cal. App. LEXIS 2450·222 Cal. Rptr. 83
Court of Appeal of CaliforniaJanuary 9, 1986A030220California1,970 words

Opinion

Opinion

Barry-Deal, J.

Appellant Robert Lopez pleaded guilty to two counts of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(2)) and admitted two personal-use-of-a-firearm enhancements (§ 12022.5). The court found true two allegations of inflicting great bodily injury within the meaning of section 12022.7. Appellant was sentenced to six years’ imprisonment; the entire sentence was suspended, and he was placed on three years’ probation. Appellant claims there was no evidence to support a conviction of causing great bodily injury.

Facts

On January 5, 1984, at approximately 8 p.m., Terry Clevenger, his brother, and a friend were outside Clevenger’s house working on Clevenger’s car. A yellow car driven by appellant began “hot rodding” up and down the street. The car “spun out” in front of Clevenger’s house one or two times. Appellant appeared to lose control of the car during his maneuvers. Clevenger approached appellant and suggested that he park the car because appellant looked a little incoherent. Appellant backed up the street at 40 miles per hour, revved his engine, proceeded towards Clevenger’s house, turned left, and collided with a 1957 Chevrolet owned by Clevenger’s friend.…

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