People v. Pech CA2/8

Filed 3/26/25 P. v. Pech CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B335990

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA091369) v.

ALEXANDER MANUEL PECH,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Alan B. Honeycutt, Judge. Reversed and remanded with directions. James Koester, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan S. Pithey, Assistant Attorney General, Idan Ivri and Nikhil Cooper, Deputy Attorneys General, for Plaintiff and Respondent. ____________________________________________

INTRODUCTION Alexander Manuel Pech pled no contest to attempted murder, and he admitted firearm and prior prison term allegations. The trial court sentenced Pech to 28 years in prison, including 20 years for the firearm enhancement and 1 year for the prior prison term enhancement. The court later resentenced Pech to 27 years in prison under Penal Code1 section 1172.75, striking the one-year prior prison term enhancement and reimposing the 20-year firearm enhancement. At the resentencing hearing, the court stated that it could only strike or reimpose, but not reduce, the firearm enhancement. On appeal, Pech argues, and the People concede, that the matter must be remanded because the court was unaware of its discretion under People v. Tirado (2022) 12 Cal.5th 688 (Tirado) to strike Pech’s firearm enhancement and impose a lesser one. We agree with parties, vacate Pech’s sentence, and remand the matter for a new resentencing hearing. BACKGROUND In May 2015, the People charged Pech with one count of attempted premeditated murder (§§ 664, 187) and four counts of assault with a firearm (§ 245, subd. (a)(2)). As to the attempted murder charge, the People alleged several firearm enhancements (§ 12022.53, subds. (b)–(d)) and a great bodily injury enhancement (§ 12022.7, subd. (a)). The People also alleged that Pech committed the crimes for the benefit of a gang (§ 186.22, subd. (b)(1)(C)) and that he served a prior prison term (§ 667.5, subd. (b)).