P. v. Lopez CA2/3
Robert Lopez, Jr., appeals from the denial of his petition for resentencing under Penal Code section 1170.95. Lopez’s appointed counsel filed a brief asking this court to proceed under People v. Serrano (2012) 211 Cal.App.4th 496.
A jury convicted Lopez of second degree murder with a true finding that Lopez personally used a knife during the commission of the crime. At trial, Lopez did not dispute that he stabbed and killed the victim in an altercation over a bicycle. Lopez testified in his own defense, stating that his bicycle had been stolen, and two days later, he saw the victim riding his stolen bicycle. Lopez admitted that he took a knife and ran toward the victim, after which the two began to fight. Witnesses saw Lopez grab the victim and stab him in the neck. Lopez testified he accidentally stabbed the victim. Lopez was sentenced to 15 years to life, plus one year for the weapon enhancement.
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