- Elizabeth Larson
- Posted On
Man convicted of 2011 child killing receives sentence modification
LAKEPORT, Calif. – At the order of a state appellate court, a Lake County Superior Court judge on Tuesday modified the sentence of a man convicted four years ago of the murder of a 4-year-old boy and the attempted murder of five others.
Through his attorney Mitchell Hauptman, Orlando Joseph Lopez Jr., 28, notified the court that he was waiving his appearance at the Tuesday afternoon sentence modification before Judge Andrew Blum.
In 2012, Lopez and his co-defendant in the case Paul William Braden, now 26, were convicted of first degree murder in the June 2011 killing 4-year-old Skyler Rapp, as well as attempted murder for wounding five others – including the child's mother and her boyfriend – after shooting into a crowd at a gathering at a Clearlake apartment.
The court sentenced Lopez to 311 years in prison, while Braden received 312 years, with that additional year due to a previous felony conviction.
However, because of a 2014 court California Supreme Court decision that now requires that prosecutors give a specific theory of first-degree murder – rather than offering multiple theories as was done in this case – in February the First District Court of Appeal in February ordered that Braden and Lopez should either be retried on the first-degree murder charge or else have their convictions reduced to second-degree murder.
Additionally, the appellate court ordered that two counts of mayhem that the men had been convicted of be stayed.
Retired Judge Doris Shockley of Yolo County had been assigned to the case. Blum said in court on Tuesday that Shockley is no longer taking case assignments and so was not available to preside over the sentence modification.
Braden returned to Lake County and had his sentence modified in October to 248 years, according to District Attorney Don Anderson, who handled the original prosecution and has continued to appear in the appellate-ordered proceedings.
At a court appearance last month, Blum, Hauptman and Anderson discussed the efforts to get Lopez to appear in court.
He had refused to leave his place at Salinas Valley State Prison in Soledad because he did not want to lose his housing or his job there, Hauptman reported.
Blum previously had attempted to order Lopez's appearance, but when Lake County correctional officers responded to Soledad, Lopez had refused to come with them, and state correctional officials said they would only remove him if Blum signed an extraction order.
During Tuesday's hearing, which ran just under 15 minutes, Hauptman said Lopez sent a letter saying he would waive his appearance for that hearing but not in any future proceeding involving the case.
When Blum asked if Hauptman had spoken with Lopez personally, Hauptman said no, that they had only communicated through letters.
Blum said he was prepared to proceed in Lopez's absence, noting that while the modification was not insignificant in terms of time, it probably didn't make much practical difference to Lopez's sentence.
In reducing the first-degree murder conviction to second-degree and staying the mayhem convictions, Blum modified Lopez's sentence to a 22-year determinate sentence plus an indeterminate sentence of 225 years to life.
While the total years appeared to equal 247, Blum cautioned against lumping the determinate and indeterminate sentences together, explaining they're form different sentencing systems.
According to the California Department of Corrections and Rehabilitation, determinate sentences have a specific length while indeterminate sentences are based on a time range.
Blum said Lopez must serve the determinate sentence of 22 years first before beginning the 225-year indeterminate sentence.
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