P. v. Lopez
Filed 6/26/06 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
| THE PEOPLE, Plaintiff and Respondent, v. JOHNNY SALAZAR LOPEZ, Defendant and Appellant. | G036272 (Super. Ct. No. 03CF3143) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, Gary S. Paer, Judge. Affirmed as modified.
Edward J. Haggerty, 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, Gil Gonzalez and Lynne G. McGinnis, Deputy Attorneys General, for Plaintiff and Respondent.
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The jury found defendant Johnny Salazar Lopez guilty of, inter alia, two counts of robbery and one count of assault with a firearm. As to the robbery charges the jury also returned true findings that defendant personally used a firearm in committing them. (Pen. Code, § 12022.53, subd. (b).) The trial court sentenced defendant to a 12-year term, consisting of the 2-year low term on count 1 and a consecutive 10-year term for the related firearm use enhancement. The court imposed concurrent sentences on the remaining charges. It struck the firearm use allegation attached to count 2.
Defendant contends the trial court erred by denying a motion to acquit as to the assault charge and violated his constitutional right to equal protection by increasing the sentence based on the firearm use enhancement finding. In response, the Attorney General claims the trial court erred by striking the second firearm use enhancement. We shall modify the sentence, but otherwise affirm the judgment.
FACTS
Store manager Antonio Gonzalez saw defendant and his girlfriend place some DVD's in their shopping cart but fail to present them for payment when they later went through the checkout stand. Gonzalez, along with Johnny Valencia, a store clerk, confronted the couple just inside the store's exit. Juan Valdez, a security guard employed by the shopping center, stood outside the door. Gonzalez found the DVD's plus some other store goods in the couple's diaper bag and informed them he was going to call the police. Defendant pulled out a gun, pointed it at Gonzalez and said â€
