People v. Lopez CA6

I. FACTS AND PROCEDURAL BACKGROUND

A. Complaint and Preliminary Hearing On September 4, 2020,3 the Monterey County District Attorney filed a second amended complaint (complaint) charging Lopez and two codefendants, Joshua Wayne Garcia and Cynthia Edeza, with the willful, deliberate, and premeditated attempted murder of “Victim 1” and “Victim 2” (§§ 664, subd. (a), 187 subd. (a); count 1 [Victim 1] & count 5 [Victim 2]), shooting at an inhabited dwelling (§ 246; count 2), assault with a firearm (§ 245, subd. (a)(2); count 3 [Victim 1] & count 6 [Victim 2]), and street terrorism (§ 186.22, subd. (a); count 7). The information also charged Garcia with illegal possession of a firearm by a felon (§ 29800, subd. (a)(1); count 4). All counts were alleged to have been committed on or about April 20. Additionally, the complaint alleged various enhancements for each count, except counts 6 and 7. For count 1 (attempted murder) and count 2 (shooting at an inhabited dwelling), the complaint alleged that Lopez, Garcia, and Edeza personally inflicted great bodily injury on Victim 1 (great bodily injury or GBI enhancement) (§ 12022.7, subd. (a)).

3 Unless otherwise indicated, all dates were…