People v. Lopez CA2/7

INTRODUCTION

In 1984 a jury convicted Daniel Lopez of first degree murder and found true allegations he personally used a firearm and a deadly or dangerous weapon (a knife). In 2021 Lopez filed a petition for resentencing under Penal Code section 1170.95 (now section 1172.6).1 In his petition Lopez alleged that he was prosecuted under a felony-murder theory, that he shot and stabbed the victim, but that he acted in self-defense. The superior court found Lopez failed to state a prima facie case for relief because he was the actual killer. The court denied the petition without issuing an order to show cause. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. A Jury Convicts Lopez of First Degree Murder One evening in July 1983 Robert Pina was in his living room with his girlfriend, Yolanda France, and Ruben Sepulveda. While France was in the bathroom, Sepulveda decided to go to the liquor store. As Sepulveda walked out the front door, Lopez walked in. Sepulveda did not know Lopez. When France came out of the bathroom and entered the living room, she saw Pina and Lopez in the kitchen and heard Lopez say to Pina, “I thought we were alone. What’s going on?” Lopez held a gun to the…