People v. Pacheco CA6

Filed 3/6/25 P. v. Pacheco CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H052328 (Monterey County Plaintiff and Respondent, Super. Ct. No. SS131549A)

v.

GIOVANNI PACHECO,

Defendant and Appellant.

In 2016, defendant Giovanni Pacheco pleaded guilty on three counts of willful, deliberate, and premeditated murder, among other offenses. He further admitted firearm enhancements on each count. For the murder convictions, the trial court sentenced Pacheco to three consecutive terms of life in prison without the possibility of parole, and three consecutive terms of 25 years to life for the firearm enhancements. In 2024, Pacheco petitioned for resentencing under Penal Code section 1172.6. The trial court denied the petition for failure to make a prima facie case for relief. Pacheco appeals the trial court’s denial of his petition for resentencing. We appointed counsel, who filed a brief without raising claims. Counsel asks that we independently review the record under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Pacheco has filed a supplemental brief on his own behalf, raising various claims of error.

For the reasons below, we conclude Pacheco’s claims are without merit. We have independently reviewed the entire record for unraised issues in accordance with Delgadillo, supra, and we see no claims having any arguable merit. We will affirm the order denying the petition for resentencing. I. FACTUAL AND PROCEDURAL BACKGROUND A. Procedural Background In 2014, the prosecution charged Pacheco with eight counts: counts 1, 2, and 3— willful, deliberate, and premeditated murder (Pen. Code, § 187, subd. (a))1; counts 4, 5, 6, and 7—assault with a semiautomatic firearm (§ 245, subd. (b)); and count 8—possessing a firearm as a felon (§ 29800, subd. (a)(1)). As to counts 1 through 7, the prosecution alleged various firearm enhancements. (§§ 12022.5, subd. (a), 12022.53, subd. (d).) As to counts 1, 2, and 3, the prosecution alleged multiple-murder special circumstances. (§ 190.2, subd. (a)(3).) As to counts 4 through 7, the prosecution alleged Pacheco inflicted great bodily injury on the victims. (§ 12022.7, subd. (a).) In February 2016, as part of a plea agreement to avoid the death penalty, Pacheco pleaded guilty to all counts and admitted all special circumstances and enhancements except for certain lesser firearm enhancements. As to each of counts 1, 2, and 3, Pacheco expressly pleaded guilty to committing willful, deliberate, and premeditated murder. He also expressly admitted he had personally and intentionally discharged a firearm in the commission of each of the three murders. Pacheco made these admissions in his plea colloquy as well as his written waiver of rights. In his written waiver, Pacheco specifically stated, “[O]n or about August 5, 2013, I shot and killed three different persons with a .45 semi-automatic firearm. These murders were done willfully, with premeditation and deliberation.”