Lopez
People v. Lopez
Opinion
Opinion
Mihara, J.
I. Background
Defendant has had a substance abuse problem since he was 14 years old. He completed three substance abuse treatment programs between 1986 and 1997, but his substance abuse continued unabated. He was convicted of theft in 1988 and incurred two burglary convictions, his two strikes, in 1989. Defendant has a long history of violence. During one of the 1989 burglaries, the victim awoke to find defendant trying to steal his stereo. Defendant tried to “gouge the victim’s eyes,” but fled when the victim escaped his grasp. Also in 1989, when the police contacted defendant after it was reported that “he was challenging passersby to fight,” defendant assaulted the police. While serving a jail term, he escaped by force. In 1992, while driving a stolen car and trying to evade the police, defendant “rammed an occupied police car.” In 1996, defendant assaulted and injured his girlfriend. When the police arrived, he threatened and assaulted them and damaged their patrol car. In addition to his violent offenses, defendant was convicted of driving under the influence in 1989 and again in 1993. He has served multiple prison terms, and his performance on parole has been dismal. He…