People v. Lopez CA4/3

FACTS

Lopez and his codefendant, Rodolfo M. Rodriguez, were convicted of first degree murder, second degree murder, robbery, carjacking, and related crimes. Our unpublished opinion from 2014 describes the circumstances of the murders as follows: “A. The Murder “[Rafael] Ochoa owned his own trucking company and drove a Freightliner tractor-trailer. He regularly carried cash of around $300 to $500 for fuel. He did not own a handgun, and while he used a rifle when he went hunting, he kept neither guns nor ammunition in his truck. Ochoa kept his truck very neat, and he would never let anyone borrow it, even for a fee, nor did he pick up hitchhikers. “On December 15, 2009, Ochoa drove from his home in Tulare County to deliver frozen juice to a business in Ontario. While en route, he spoke on his cell phone around 4:00 p.m. with his friend Maricela Martinez, who arranged to meet him at the Truck Stop of America (TA truck stop) in Ontario. He asked Martinez to bring him a gallon of milk, fruit, and cookies because he had used all his money for gas. He also

3 spoke on his cell phone to his adult son Alejandro, who found Ochoa happy and eager to arrive at his destination for the…