People v. Lopez CA4/3
G063854
Cal. Ct. App.Mar 20, 2025Background
- Eric Sanchez Lopez pleaded guilty in 2015 to attempted murder and admitted a vicarious firearm discharge enhancement in Orange County, California.
- Lopez cited changes in California law (Senate Bill No. 1437 and Senate Bill No. 775) that restricted felony-murder and natural and probable consequences theories as grounds for postconviction resentencing relief under Penal Code section 1172.6.
- The trial court denied Lopez's petition for resentencing, holding him ineligible based on the record of conviction.
- On appeal, Lopez was represented by appointed counsel who filed a Delgadillo brief and requested independent appellate review.
- The Court of Appeal affirmed the denial, finding Lopez's explicit admission of specific intent to kill made him ineligible for relief, while one justice dissented, arguing the record did not conclusively establish all necessary elements for ineligibility.
Issues
| Issue | People's Argument | Lopez's Argument | Held |
|---|---|---|---|
| Eligibility for resentencing under section 1172.6 after changes to felony murder law | Lopez is ineligible due to clear record showing specific intent to kill | The record does not conclusively preclude the possibility conviction was under now-invalid theory | Lopez is ineligible; conviction rests on specific intent to kill |
| Sufficiency of guilty plea factual basis to establish ineligibility | Admission in plea establishes both elements (intent and actus reus) | Admission might only establish intent, not actus reus under still-valid theory | Majority: Plea sufficient to establish ineligibility; Dissent: Not conclusive |
| Application of new law (SB 1437, SB 775) to attempted murder convictions | New law inapplicable since Lopez acted with intent to kill | Lopez's conviction may have relied on now-invalid theory | Majority: New law doesn’t apply since intent to kill was admitted |
| Independent review under Delgadillo and Wende | No further issues identified; record clear | Issue not fully briefed; arguable issues remain | Court found no further arguable appellate issues |
Key Cases Cited
- People v. Lewis, 11 Cal.5th 952 (Cal. 2021) (explains SB 1437’s limitations on felony-murder liability)
- People v. Wende, 25 Cal.3d 436 (Cal. 1979) (procedures for appellate review of counsel’s brief)
- Anders v. California, 386 U.S. 738 (U.S. 1967) (standards for appellate counsel’s duties where no meritorious issues)
- People v. Strong, 13 Cal.5th 698 (Cal. 2022) (if record establishes ineligibility for relief, court may deny section 1172.6 petition)