P. v. Lopez
Filed 8/10/06 P. v. Lopez CA3
NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
THIRD APPELLATE DISTRICT
(San Joaquin)
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| THE PEOPLE, Plaintiff and Respondent, v. LARRY ROBERT LOPEZ, Defendant and Appellant. |
C048930
(Super. Ct. No. SF091998A)
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A jury convicted defendant Larry Robert Lopez of first degree murder of Aaron Tolliver (count 1 - Pen. Code, § 187),[1] found he had personally discharged a firearm causing Tolliver's death (§ 12022.53, subd. (d)), and convicted defendant of illegal possession of a firearm by a person previously convicted of a violent offense (count 2 - § 12021.1, subd. (a)). In a bifurcated proceeding the jury found defendant had suffered a prior conviction for robbery within the meaning of section 667, subdivision (d). Defendant was sentenced to a determinate term of four years in state prison for count 2, the illegal firearm possession, and to an indeterminate term of 75 years to life for count 1, the first degree murder with the enhancement and prior strike conviction.
On appeal, defendant contends (1) the trial court violated his constitutional rights by improperly limiting impeachment of prosecution witness Jackie Slade, (2) there is insufficient evidence of premeditation and deliberation to support the verdict of first degree murder, (3) defense counsel rendered ineffective assistance of counsel by failing to object to the prosecutor's misstatement in closing argument of the meaning of â€
