Filed 2/9/22 P. v. Lopez CA4/1

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COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE,

Plaintiff and Respondent,

v.

ARMANDO LOPEZ,

Defendant and Appellant.

 D079521

 (Super. Ct. No. SCE252974)

APPEAL from an order of the Superior Court of San Diego County, 

Roderick W. Shelton, Judge. Affirmed. 

David L. Polsky, under appointment by the Court of Appeal, for 

Defendant and Appellant.

No appearance for Plaintiff and Respondent.

In 2006, a jury convicted Armando Lopez of one count of carjacking 

(Pen. Code,1 § 215, subd. (a)); being a felon in possession of a firearm 

(§ 12021, subd. (a)(1)); and two counts of assault with a firearm (§ 245, 

subd. (a)(2)). The jury found true allegations that Lopez used a firearm 

1 All further statutory references are to the Penal Code.
2

(§§ 12022.5, subd. (a), 12022.53, subd. (b)) and that Lopez personally 

discharged a firearm during the carjacking (§ 12022.53, subd. (c)). 

Lopez admitted a serious felony prior conviction (§ 667, subd. (a)(1)), a 

prison prior (§ 667.5, subd. (b)), and a strike prior (§ 667, subds. (b)-(i)). 

Lopez was sentenced as a second strike offender to a term of 39 years eight

months in prison. 

In 2021, Lopez filed a motion to order a hearing under People v. 

Franklin (2016) 63 Cal.4th 261 (Franklin hearing) to make a record for 

potential consideration of youth offender parole. Lopez also requested the 

court to strike the firearm enhancements under the new discretionary 

authority of Senate Bill No. 620. 

The court denied the motions by written order. The court found that 

Lopez was not eligible for youth offender parole because he was sentenced 

under the Three Strikes law. Thus, the court found that a “Franklin hearing”

to make a record for future parole consideration was not appropriate. The 

court also found Senate Bill No. 620 did not apply retroactively to Lopez’s 

sentence because his conviction was final years before Senate Bill No. 620 

was enacted. 

Lopez filed a timely notice of appeal. 

Appellate counsel has filed a brief pursuant to People v. Wende (1979) 

25 Cal.3d 436 (Wende) indicating counsel has not been able to identify any 

arguable issues for reversal on appeal. Counsel asks the court to review the 

record for error as mandated by Wende. We offered Lopez the opportunity to 

file his own brief on appeal, but he has not responded.2

2 The facts of the underlying offenses are not relevant to this appeal. 

Therefore, we will omit a statement of facts.
3

DISCUSSION

As we have noted, appellate counsel has filed a Wende brief and asks 

the court to review the record for error. To assist the court in its review, and 

in compliance with Anders v. California (1967) 386 U.S. 738 (Anders), counsel 

has identified possible issues that were considered in evaluating the potential 

merits of this appeal: Whether the trial court erred in denying the request

for a Franklin hearing and in denying the motion to strike the firearm 

enhancements. In addition, counsel considered what procedures the 

appellate court should use in response to this appeal.3

We have reviewed the entire record for error as required by Wende and 

Anders. We have not discovered any arguable issues for reversal on appeal. 

Competent counsel has represented Lopez on this appeal.

3 We presume counsel is referring to the question of whether Wende

review is appropriate for appeals from postjudgment orders.
4

DISPOSITION

The order denying Lopez’s motions for a Franklin hearing and to strike 

the firearm enhancements is affirmed.

HUFFMAN, J.

WE CONCUR:

McCONNELL, P. J.

O'ROURKE, J.