Lopez

People v. Lopez

Good Law
Supreme Court of CaliforniaApril 7, 2022S261747California7,993 words

Opinion

Opinion

Kruger, J.

Opinion of the Court by Kruger, J.

Defendant Pedro Lopez was convicted of conspiracy to commit home invasion robbery in violation of Penal Code section 182, the general conspiracy statute. The question in this case concerns the appropriate sentence for the crime. Section 182 provides that if two or more persons conspire to commit a felony, “they shall be punishable in the same manner and to the same extent as is provided for the punishment of that felony.” (Pen. Code, § 182, subd. (a).) This means that a person convicted of conspiring to commit home invasion robbery ordinarily faces three, six, or nine years in prison, just as if that person had been found guilty of a completed home invasion robbery. (Id., § 213, subd. (a)(1)(A).) But the trial court in this case instead sentenced Lopez to an indeterminate term of 15 years to life under Penal Code section 186.22, subdivision (b)(4) (section 186.22(b)(4)). That provision prescribes indeterminate life terms for specified felonies, including “home invasion robbery, in violation of subparagraph (A) of paragraph (1) of subdivision (a) of Section 213” (§ 186.22(b)(4)(B)), when those felonies are found to be gang-related. We granted…

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