People v. Lopez CA5

Filed 10/17/22 P. v. Lopez CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE PEOPLE,

F083005

Plaintiff and Respondent, (Super. Ct. No. 20CMS-3614) v.

BERNARDINO PAREDES LOPEZ, MODIFICATION OF OPINION

AND DENIAL OF REHEARING

Defendant and Appellant. [NO CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the opinion herein filed on September 26, 2022, be modified as follows: 1. In footnote 1, add the word “the” before “Evidence Code.” 2. After the third paragraph in BACKGROUND, which ends in “police station,” insert the following new paragraphs:

Grandmother testified that defendant was already watching television in bed when victim got on the bed with her tablet that night. Grandmother was tired, so she lay down too,…