People v. Lagarde CA2/1

Filed 2/23/26 P. v. Lagarde CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B342370

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA093763) v.

JACOB TIMOTHY LAGARDE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Richard M. Goul, Judge. Affirmed. Michele A. Douglass, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Idan Ivri and David A. Wildman, Deputy Attorneys General, for Plaintiff and Respondent.

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Jacob Timothy Lagarde appeals from a judgment entered after resentencing, contending the superior court erred by reimposing an upper term for an arson conviction rather than the middle term for that offense. We disagree and affirm. BACKGROUND In 2015, a jury convicted Lagarde of willful and deliberate premeditated attempted murder (Pen. Code,1 §§ 187, subd. (a), 664; count 1), explosion with intent to murder (§ 18745; count 2), explosion causing mayhem or great bodily injury (§ 18755, subd. (b); count 3), arson of a structure (§ 451, subd. (c); count 4), and arson of the property of another (§ 451, subd. (d); counts 5 & 6), along with special allegations. Before sentencing, Lagarde admitted a prior strike conviction under the “Three Strikes” law (§§ 667, subds. (b)- (i), 1170.12, subds. (a)-(d)) and that he had served two prior prison terms within the meaning of section 667.5, subdivision (b). The court sentenced Lagarde to an aggregate prison term of 39 years and eight months to life, which included the upper term of 12 years for arson of a structure (count 4) and two one-year enhancements for his prior prison terms. In 2024, Lagarde moved for resentencing under section 1172.75. He requested, as pertinent here, that the court select the midterm for count 4 because no aggravating factors were proven at trial. The People objected to any reduction of the sentence beyond striking the two one-year prior-prison-term enhancements. The People urged no further reduction based on Lagarde’s offense conduct (which involved him throwing a Molotov cocktail at the victim, causing the victim to suffer second and third degree burns resulting in a seven-month hospital stay and numerous surgeries), and Lagarde’s criminal history (which included a 2003 robbery