P. v. Lopez CA5
In 1991, a jury convicted defendant Andrew Rick Lopez of second degree murder and the jury found true an enhancement allegation that defendant used a dangerous and deadly weapon in the commission of the crime (a knife) (Pen. Code, § 12022, subd. (b)). (Undesignated statutory references are to the Penal Code.) Defendant also admitted he served a prior prison term for purpose of a section 667.5 enhancement.
After the passage of Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Senate Bill 1437), defendant filed a petition for resentencing pursuant to section 1170.95. The superior court appointed the public defender to represent defendant in the petition proceedings. A few months later, defendant filed a “Notice of Lack of Meaningful Contact From Appointed Counsel” in pro se, requesting a hearing on whether he was entitled to a new attorney. He asserted defense counsel failed to make any meaningful or substantial contact with him since being appointed.
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