People v. Lopez CA5

INTRODUCTION

In 1991, a jury convicted defendant Andrew Rick Lopez of second degree murder and the jury found true an enhancement allegation that defendant used a dangerous and deadly weapon in the commission of the crime (a knife) (Pen. Code, § 12022, subd. (b)). (Undesignated statutory references are to the Penal Code.) Defendant also admitted he served a prior prison term for purpose of a section 667.5 enhancement. After the passage of Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Senate Bill 1437), defendant filed a petition for resentencing pursuant to section 1170.95. The superior court appointed the public defender to represent defendant in the petition proceedings. A few months later, defendant filed a “Notice of Lack of Meaningful Contact From Appointed Counsel” in pro se, requesting a hearing on whether he was entitled to a new attorney. He asserted defense counsel failed to make any meaningful or substantial contact with him since being appointed. The court did not rule on defendant’s request and denied his petition, finding defendant’s conviction was solely based on a theory of malice because defendant was the actual killer and the jury was not instructed on the…