People v. Lopez CA3

I. BACKGROUND

A jury found defendant guilty of first degree murder in 20082 (§ 187, subd. (a)). (People v. Lopez (Feb. 11, 2010, C059074) [nonpub. opn.] (Lopez I); People v. Lopez (Sep. 24, 2021, C091477) [nonpub. opn.] (Lopez II).) The jury also found true gang and firearm enhancements, including that defendant was a principal in the murder, and a principal intentionally and personally discharged a firearm causing great bodily injury or death to a victim. (§§ 186.22, subd. (b)(1), 12022.53, subds. (b), (c), (d), and (e)(1).) (Lopez II, supra, C091477.) At the sentencing hearing, the trial court stayed imposition of the gang enhancement pursuant to section 12022.53, subdivision (e)(2), and declined to impose the firearm enhancements provided by section 12022.53, subdivisions (b) and (c) pursuant to subdivision (f), stating, “defendant did not personally use or discharge a firearm during the commission of this crime.”3 The trial court then sentenced defendant to 25 years to

2 A separate jury found codefendant Luis Fernando Pacheco guilty of the same first degree murder and enhancements. (Lopez I, supra, C059074.) Another jury heard the evidence against codefendant Luis Garcia;…