People v. Lopez CA2/2

FACTS

Carlos Deleon was staying at a motel in Inglewood when, at 4:00 a.m., he heard someone hitting a door very hard and the sound of a breaking window. He opened his door and saw defendant standing outside the room next door holding a gun. Defendant was screaming, “Get out motherfucker, get out.” Frightened, Deleon closed his door and unsuccessfully tried to call 911. He heard a soft knock at his door and assumed it was Mike, his next-door neighbor, calling at his door to ask for help. Instead, defendant stood there and said to Deleon in Spanish, “You are going to die today, whore.” Defendant had the gun “on his hands” and was raising it up. Defendant raised the gun to the level of

1 All further references to statutes are to the Penal Code unless stated otherwise. 2 Defendant was jointly charged with Alan Ruiz Martinez, whose trial was severed from defendant’s. Martinez is not a party to this appeal. 3 The court found that two of the prior prison terms had been served concurrently, and therefore only five prior prison terms could be used to enhance defendant’s sentence.

2 Deleon’s chest and face. Deleon was able to grab the gun, and he and defendant began…