State v. Lopez

Brown, A.C.J.

A jury convicted Sylvester Lopez, Sr., of two counts of first degree assault, two counts of second degree assault, and one count of unlawful possession of a firearm. The trial court found Mr. Lopez to be a persistent offender and sentenced him to life without the possibility of parole. We reverse the unlawful possession conviction because of defense counsel’s ineffective assistance in failing to move for dismissal at the conclusion of the State’s case. We vacate the persistent offender sentence and remand for resentencing because the trial court did not properly establish the…