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Resentencing Ordered for Attempted Murder Conviction

California v. Lopez Docket: D078841 (Fourth Appellate District), Opinion Date: May 10, 2022. Defendant Fernando Lopez was convicted by jury of premeditated attempted murder, assault with a semiautomatic firearm, and being a felon in possession of a firearm. In challenging his convictions, Lopez raises two related contentions: (1) the trial court abused its discretion in denying his motion for mistrial; and (2) the court’s decision to admit what Lopez referred to as “gang evidence” was an abuse of discretion under Evidence Code section 352 because, he claimed, the evidence was more prejudicial than probative. After full briefing on appeal was completed in this matter, Lopez sought leave to file two supplemental briefs in which he contended his sentence should have been vacated and the case remanded for resentencing in light of recent ameliorative changes to two different sentencing schemes applicable to his case.

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