Lopez

People v. Lopez

Good Law
22 Cal. App. 5th 40·231 Cal. Rptr. 3d 177
Court of Appeal of CaliforniaApril 11, 2018A148539California4,264 words

Opinion

lead Opinion

Humes, J.

*180 *42 After being accused of numerous sexual offenses against his girlfriend's children, defendant Gabriel Lopez pleaded no contest to two counts of lewd acts upon a child under 14 years old and one count of rape, and he admitted a special allegation that he had committed offenses against more than one victim. The trial court sentenced him to 35 years to life in prison.

On appeal, Lopez contends the trial court erred by denying his request to discharge his retained counsel and incompletely advising him about various consequences of his plea. We conclude Lopez was denied his right to counsel of choice under *43 People v. Ortiz (1990) 51 Cal.3d 975 , 275 Cal.Rptr. 191 , 800 P.2d 547 ( Ortiz ), which automatically requires reversal, and therefore do not address his remaining claims. 1

I.

FACTUAL AND PROCEDURAL BACKGROUND

Lopez began dating a woman in approximately 2010. 2 The woman, whom we will refer to as mother, had two daughters from a previous relationship. In January 2014, the elder daughter, who was then 16 years old, reported that while mother was at work, Lopez came into her bedroom and molested her. She stated he had sucked on her breasts, performed oral sex on her,…

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