People v. Lopez CA6

Filed 3/5/24 P. v. Lopez CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H050372

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1119504)

v.

FERNANDO MATEO LOPEZ,

Defendant and Appellant.

This matter is one of two pending appeals from defendant Fernando Mateo Lopez, who was convicted by a jury of second degree murder and other offenses with gang and firearm enhancements for a gang-related drive-by shooting. A different panel of this court conditionally reversed the judgment in 2020 to allow the trial court to determine whether to strike previously mandatory firearm enhancements. In this appeal, defendant contends the trial court abused its discretion on remand when it declined to strike those…