FRESNO, Calif. (KFSN) -- A Fresno County judge denied the motion for a new trial for the man convicted of killing and trying to cover up a murder at a Northwest Fresno barbershop.
Luis Lopez was found not guilty of first-degree murder in 2022, but the jury deadlocked on second-degree murder charge.
In a second trial, Lopez was found guilty of second degree murder.
He hired a new attorney after that verdict and filed a motion for a new trial.
Fresno County Judge Arlan Harrell got straight to his decision Wednesday morning about the request for a new trial from defendant Luis Lopez.
"This court denies defendant's motion for a new trial," Judge Harrell said.
Lopez was convicted last August of second-degree murder for the killing of Alex Solorio in May of 2021 at Colima's Fade Shop in Northwest Fresno.
In the motion for a new trial, the defense argued there was an instructional error made.
The judge said, even if there was, it wouldn't have changed the verdict.
"An error in failing to give CALCRIM 522 was harmless beyond a reasonable doubt," Judge Harrell said.
The motion also argued Lopez's trial counsel was ineffective.
The judge said there wasn't evidence to prove that was true.
They also argued the evidence didn't match the verdict determined by the jury.
The judge disagreed.
"This was not self defense. This was not imperfect self-defense. This was not provocation," Judge Harrell said. "Based upon the evidence. The allegations made against Mr. Lopez are true."
Defense attorney Michael Aed who filed the motion said he disagrees with the court's analysis that the instructional error was harmless to the outcome of the trial.
"Although we're disappointed with the courts ruling, we didn't necessarily expect the court to grant the motion for a new trial," Aed said.
He said even with Wednesday's decision, they still plan to continue to fight on Lopez's behalf.
"We'll file a notice of appeal and we'll be handling the appeal through the appellate process," Aed said.
Lopez is scheduled to be sentenced on Thursday, February 23.
He faces 15 years to life in prison.
The prosecutor says the victim's family is eagerly awaiting the sentencing.
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