People v. Lazo CA2/1

Filed 8/25/25 P. v. Lazo CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B340628

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA144673) v.

ALEJANDRO LAZO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Roger Ito, Judge. Remanded with directions. Cheryl Lutz, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Noah P. Hill and Eric J. Kohm, Deputy Attorneys General, for Plaintiff and Respondent. __________________________

MEMORANDUM OPINION1 After various appeals and sentencing hearings, on August 2, 2024, the trial court sentenced defendant Alejandro Lazo to 25 years to life for one count of first degree murder (Pen. Code,2 § 187, subd. (a); count 1), nine consecutive terms of seven years to life for nine counts of willful, deliberate, and premeditated attempted murder (§§ 187, subd. (a), 664; counts 3, 6, 7, 9, 10, 11, 13, 15, and 17), and a further consecutive term of five years imprisonment for one count of carjacking (§ 215, subd. (a); count 12). The court also credited Lazo with 2,652 days of actual custody already served. Lazo’s appeal identifies two errors in the sentence imposed by the court. The People rightly concede both of those errors. First, the trial court should have sentenced Lazo to life in prison with the possibility of parole on each of his attempted murder convictions instead of seven years to life on those counts. (E.g., § 664, subd. (a) [punishment for “attempted . . . willful, deliberate, and premeditated murder” is “imprisonment in the state prison for life with the possibility of parole”]; People v. Felix (2000) 22 Cal.4th 651, 657.)3 Second, the trial court’s calculation