People v. Lopez CA6

I. FACTS AND PROCEDURAL BACKGROUND

In June 2018, the Santa Clara County District Attorney filed an information charging Lopez with attempted first-degree burglary (§§ 460, subd. (a), 664; count 1) and misdemeanor buying or receiving stolen property (§ 496, subd. (a); count 2). The information further alleged that Lopez had suffered two prior strike convictions (strike priors) (§§ 667, subds. (b)–(i), 1170.12) and a prior serious felony conviction (serious felony prior) (§ 667, subd. (a)). A jury heard evidence on the charges. The prosecution’s evidence demonstrated that, on the morning of September 17, 2017, M.B. was at home with her brother when she heard a loud noise in the area of a door that led from the garage into her house.2 M.B. went to investigate and came upon Lopez holding a screen that had been removed from a window. While M.B. talked to Lopez about what he was doing, M.B.’s brother took a picture of Lopez. M.B. told Lopez that she was going to call the police. Lopez responded, “ ‘Yes, go ahead and call

2We use the victim’s initials to protect her personal privacy interests. (See Cal. Rules of Court, rule 8.90(b)(4).) 2 the cops.’ ” Lopez then left, and M.B. called…