Lopez v. State

GOLDEN, Justice.

[¶ 1] In this case, we must primarily decide whether the State proved that Appellant John Kenneth Lopez (Lopez) committed second degree murder by a single, open hand slap to the side of the victim’s head. The victim walked away after the slap, but, hours later, was found unconscious, and he subsequently died. Following a jury trial, Lopez was convicted of second degree murder and sentenced to twenty to forty years. On appeal, retained trial counsel submitted issues alleging various trial errors and constitutional violations, one of which alleges that his own performance…