Fernando Carlos Lopez v. E. Guzman

Good Law
United States District Court, Central District of CaliforniaAugust 7, 20235:23-cv-01456California682 words

Opinion

Trial Court Opinion

CIVIL MINUTES - GENERAL

Case No. 5:23-cv-01456-HDV (SK) Date August 7, 2023 Title Fernando Carlos Lopez v. F. Guzman

Present: The Honorable Steve Kim, United States Magistrate Judge Connie Chung n/a Deputy Clerk Court Smart / Recorder Attorneys Present for Plaintiff: Attorneys Present for Defendant(s): None present None present

Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE

Petitioner is a California state prisoner serving a sentence of life in prison for attempted murder, assault with a semiautomatic firearm, and being a felon in possession of a firearm. (ECF 1 at 2, 49). On appeal, the California Court of Appeal last year vacated his sentence and remanded for resentencing in light of recent amendments to California Penal Code § 1170. See People v. Lopez, 78 Cal. App. 5th 459, 468 (2022). The California Supreme Court then denied further discretionary review on direct appeal. (Cal. Sup. Ct. Case No. S274856). As a result, Petitioner’s case is now pending before the Riverside County Superior Court for resentencing. (Riverside Super. Ct. Case No. INF1701983). Meanwhile, in July…

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