P. v. Lopez CA6
Convicted in 1990 of second degree murder as an aider and abettor or coconspirator, Juan Aboytes Lopez, Jr. filed a petition for resentencing pursuant to former Penal Code section 1170.95 (renumbered § 1172.6, amended by Stats. 2022, ch. 10, effective Jun. 30, 2022). The People concede that the trial court erred by relying on an inapplicable first degree felony murder theory in denying the petition. We agree and reverse.
According to this court’s opinion in People v. Lopez (Jun. 14, 1991, H006857, H007747) [nonpub. opn.], Luis Sandoval was murdered in front of the Watsonville Public Library on November 2, 1988. Lopez was driving Emilio Rocha’s car when Rocha fired the fatal shotgun blast from the front passenger seat. Lopez was charged by information with murder (§ 187) and with being an accessory after the fact (§ 32).
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