P. v. Lopez 12/14/01 CA2/1

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B143476

Case Date: 03/14/2002

Preview:Filed 12/14/01

NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, v. ERNEST LOPEZ, Defendant and Appellant.

B143476 (Super. Ct. No. GA 040566)

APPEAL from a judgment of the Superior Court of Los Angeles County. Terry Smerling, Judge. Modified with directions and affirmed. ________ C. Delaine Renard, under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Mary E. Sanchez and Jaime L. Fuster, Deputy Attorneys General, for Plaintiff and Respondent. _________

2

Ernest Lopez and co-defendant Jim Valle were charged with murder (count 1), attempted premeditated murder (count 3), and deadly weapon/great bodily injury assault (count 4), all against Jose Negrete. Lopez alone was charged with possessing a firearm as an ex-felon (count 2). The Information also alleged on counts 1, 3, and 4, that Lopez personally, and a principal, used and fired a handgun inflicting great bodily injury or death, and those counts were committed for gang purposes. The Information further alleged on counts 3-4 that Lopez inflicted great bodily injury on Negrete. (Pen. Code,

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