A San Mateo man was sentenced to one year in county jail and three years probation Wednesday for breaking down the door of a house and attempting to stab its occupant, according to the San Mateo County District Attorney’s Office.
Juan Galicia Lopez, 21, pleaded no contest last month to felony residential burglary with an enhancement for use of a dangerous weapon, according to the DA’s office. He also admitted to allegations of a serious and violent felony, all in exchange for a top sentence of two years in state prison.
The district attorney’s office had sought a top sentence of three years in state prison, prosecutors said.
San Mateo County Superior Court Judge Kevin Dunleavy decided on the sentence due to the “huge role” alcohol played in the case and because the victim in the case did not provide a victim impact statement to the probation officer, prosecutors said. Prosecutors objected to his ruling and asked for a sentence that included state prison.
Galicia Lopez was also ordered to abstain from alcohol and drugs, pay $370 in fines and fees and pay restitution in an amount to be determined in the future, prosecutors added. He must remain away from the victim’s residence and have no contact with the victim, and he cannot possess dangerous weapons or ammunition.
San Mateo County District Attorney Stephen Wagstaffe and Charles J. Smith IV, Galicia Lopez’s defense attorney, did not immediately respond to requests for comment.
A 55-year-old man and his wife were in their home around 11:20 p.m. on May 17 when he heard a person attempting to open his front door, prosecutors said. When the man looked out a window, he saw three men brandishing knives, including Galicia Lopez, who was shouting that he was going to kill him.
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Galicia Lopez broke down the front door of the residence while the other two men remained outside, prosecutors said. Galicia Lopez then attempted to stab the man, cutting his hand as the victim blocked the knife.
The man wrestled Galicia Lopez to the ground, where he was able to restrain him until the arrival of police. Galicia Lopez claimed that he had had “problems with the victim in the past,” proseuctors added.
The incident took place at a home on the 100 block of Hillsdale Boulevard in San Mateo, prosecutors said.
