A former Granite Hills High School teacher convicted of charges related to sexual misconduct involving an underage former female student was sentenced Wednesday to six months in county jail, though he will remain free pending an appeal of his case.
Gerald Lopez, 56, who taught English and coached sports at the East County school, was arrested in 2022 by El Cajon police after the then-17-year-old victim's mother discovered a series of text messages between her daughter and Lopez.
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Lopez was convicted by an El Cajon jury last month of a felony count of possessing child pornography and a misdemeanor count of annoying or molesting a child.
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The same jury acquitted Lopez of more than a dozen other charges and hung on five counts of sending harmful material to a minor. Superior Court Judge John Thompson dismissed the remaining deadlocked counts.
On Wednesday, Thompson sentenced Lopez to 180 days in jail and two years of formal felony probation, to include an "extensive" 4th Amendment waiver condition allowing police to search Lopez without a warrant or probable cause, including his electronics and social media, according to the San Diego County District Attorney's Office.
The D.A.'s Office said that over its objection, Lopez will be allowed to stay out of custody pending his appeal.
During the trial, Deputy District Attorney Josh Brisbane told jurors that Lopez exchanged sexually motivated text messages and pictures with the girl over the course of several months, while Lopez's defense attorney, Robert Boyce, argued his client had no intention of pursuing anything with the girl until after she turned 18.
After the girl's mother discovered the texts, she reported it to the school. Lopez was initially placed on unpaid leave, but school district officials announced in August 2022 that he was no longer working for the district.