People v. Lopez CA2/2

BACKGROUND

Procedural history Defendants were charged with the murder of Jonathan Romero (Romero), in violation of Penal Code section 187, subdivision (a).1 The information alleged pursuant to section 186.22, subdivision (b)(1)(C), that the crime was committed for the benefit of, at the direction of, and in association with a criminal street gang. The information further alleged that a principal personally and intentionally used and discharged a firearm that caused great bodily injury and death, within the meaning of section 12022.53, subdivisions (b), (c), (d), and (e)(1). Defendants were jointly tried, and a jury found them

All further statutory references are to the Penal Code, unless otherwise indicated.

2 guilty as charged, found the murder to be in the first degree, and found true the gang and firearm allegations. Lopez was sentenced on October 2, 2013, and Padilla was sentenced on October 15, 2013. The trial court sentenced each defendant to a total term of 50 years to life in prison, comprised of 25 years to life for the murder, plus 25 years to life for the firearm allegation found true under section 12022.53, subdivision (d). The gang enhancement was imposed as…