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People v. Lopez

California Court of Appeals, Sixth District

June 29, 2015

THE PEOPLE, Plaintiff and Respondent,
v.
JOHN ANTHONY LOPEZ, Defendant and Appellant.

[As Modification on July 22, 2015]

Santa Clara County Superior Court Nos. C1235752, C1242237, Hon. Robert M. Foley Trial Judge.

Page 178

[Copyrighted Material Omitted]

Page 179

COUNSEL

Katja Grosch, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris Attorney General, Gerald A. Engler Chief Assistant Attorney General Jeffrey M. Laurence, Assistant Attorney General Eric D. Share and Huy T. Luong Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

ELIA, J.

In this appeal from two cases filed in the Santa Clara County Superior Court, appellant John Anthony Lopez requests that we reverse the judgments and remand the case to the trial court with instructions to hold a hearing pursuant to Penal Code section 1170.18.[1] For reasons we shall explain we decline to reverse the judgment.

Background

On December 6, 2012, the Santa Clara County District Attorney’s Office filed an information in case No. C1242237 charging appellant with felony possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)); being under the influence of methamphetamine, a misdemeanor (Health & Saf. Code § 11550, subd. (a)); possession of drug paraphernalia, a misdemeanor (Health & Saf. Code former § 11364.1, Stats. 2011, ch. 738, § 11); and possession of less than 28.5 grams of marijuana, an infraction (Health & Saf. Code § 11357, subd. (b)).

Page 180

Subsequently, on December 12, 2012, the district attorney’s office filed an information in case No. C1235752 in which appellant was charged with felony possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)); being under the influence of methamphetamine with three prior convictions for the same offense, a misdemeanor (Health & Saf. Code, § 11550, subd. (a) & (b)(1)); and possession of drug paraphernalia, a misdemeanor (Health & Saf. Code, former § 11364.1, Stats. 2011, ch. 738, § 11). In the information, the prosecutor alleged that appellant had suffered a prior conviction for lewd and lascivious acts with a child under 14 years old (Pen. Code, § 288, subd. (b)(1)) [2]-a prior strike (ยงยง 667, subds. (b)-(i), 1170.12) and had suffered a prior prison ...


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