P. v. Lopez

Filed 5/24/06  P. v. Lopez CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

                        Appeal from a judgment of the Superior Court of Orange County, Kazuharu Makino, Judge.  Affirmed.

                        Lynelle K. Hee, under appointment by the Court of Appeal, for Defendant and Appellant.

                        Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, James D. Dutton and Michael T. Murphy, Deputy Attorneys General, for Plaintiff and Respondent.

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                        Frank Vince Lopez appeals from the judgment following jury conviction for attempted murder (Pen. Code, §§  187, 189, 664) and failing to appear for trial (Pen. Code, §  1320, subd. (b)).[1]  The attempted murder involved an attack by Lopez on his estranged ex-wife (and mother of his child) as she was leaving her workplace late at night in the company of a male, a friend of her aunt's who would otherwise have given her a ride home.  As his ex-wife was putting her backpack and some sunflowers into a van, she saw Lopez running toward her.  Lopez fired four gunshots in quick succession, and his ex-wife was wounded by two bullets.  After his arrest and release on bail, Lopez failed to appear for a subsequently scheduled court appearance.  He was eventually re-arrested near the Mexican border. 

                        At trial, the prosecution introduced, over objection, the fact that Lopez had engaged in direct, violent acts of â€