California Court of Appeals, Second District, Eighth Division
FOR PARTIAL PUBLICATION[*]]
from a judgment and order of the Superior Court of Los
Angeles County, No. KA109537, Robert M. Martinez, Judge.
Judgment affirmed; petition denied.
[Copyrighted Material Omitted]
Macht Brandt, under appointment by the Court of Appeal, for
Defendant and Appellant and for Petitioner.
D. Harris and Xavier Becerra, Attorneys General, Gerald A.
Engler, Chief Assistant Attorney General, Lance E. Winters,
Assistant Attorney General, Yun K. Lee and Thomas C. Hsieh,
Deputy Attorneys General, for Plaintiff and Respondent.
J., with Bigelow, P. J., and Grimes, J., concurring.
Cal.Rptr.3d 619] FLIER, J.
--Appellant Arleen Stacy Lopez appeals from the judgment
after her conviction for carjacking. She also petitions for a
writ of habeas corpus based on ineffective assistance of
counsel. We affirm the judgment and deny the petition.
April 7, 2015, Aurora Prado, a 65-year-old woman, drove a
Toyota Highlander belonging to her daughter's boyfriend
to the El Super market in La Puente. She pulled part way into
an accessible parking space, but realized the space
was blocked by two shopping carts. She exited the vehicle to
move the carts, leaving the door open and the engine running.
Prado was moving the carts, appellant walked past her,
climbed into the driver's seat of the Highlander, and
closed the door. Prado went over to the driver's side and
" bang[ed] on the window," pleading with appellant
not to take the vehicle. Prado grasped the door handle with
her left hand and tried to open the door, but appellant held
it shut. Appellant began backing the vehicle up as Prado held
on to the door handle and continued to plead with appellant
not to take the car. Prado said appellant " didn't
reverse slow ... . She go fast and makes noise with the tires
... ." Prado held on to the door handle until she lost
her balance and had to let go, although she did not fall to
the ground. Appellant sped off.
April 9, 2015, authorities located appellant in the
Highlander in the parking structure of a casino in
Highland. A detective with the Los Angeles
County Sheriff's Department interviewed appellant several
days later. Appellant admitted that she had taken a
Highlander from an elderly Hispanic female in a supermarket
trial, Prado identified appellant as the person who took the
Highlander. The prosecution presented a surveillance video
[214 Cal.Rptr.3d 620] of the entire incident. Prado testified
that appellant had pushed her before getting into the car,
but acknowledged on cross-examination that she could not see
a push on the surveillance video.
was charged with carjacking (Pen. Code, § 215, subd.
(a)) and found guilty by the jury. She was
sentenced to state prison for the low term of three years,