People v. Pacheco CA2/4

Filed 6/20/22 P. v. Pacheco CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B313771

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA401305)

v.

JOSEPH ALCARAZ PACHECO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, David R. Fields, Judge. Dismissed. Theresa O. Stevenson, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION Appellant Joseph Pacheco appeals the denial of his petition for resentencing under Penal Code section 1170.95.1 In 2012, appellant and three other members of a criminal street gang met with a fellow gang member, Anaya, at an apartment to collect money for a drug deal.2 After discovering information on Anaya’s phone leading them to believe Anaya was an informant for law enforcement, the men locked Anaya in the bathroom and then appellant and the others struck him in the face. The four assailants later reentered the bathroom; appellant and another man were armed with handguns. The men injected Anaya with methamphetamine, tied his hands behind his back, placed a sweatshirt over his head, and led him out of the apartment to a nearby truck. Two of the men drove away with Anaya in the truck; appellant, who was wearing a GPS tracking device as a condition of parole, remained in the apartment. The two men drove Anaya to an alley and shot him in the head. Anaya survived the shooting, and subsequently identified appellant and the other men as his assailants. In 2013, a jury found appellant guilty of attempted murder, kidnapping, and possession of a firearm by a felon. (§§ 187, subd. (a); 207, subd. (a); 29800, subd. (a)(1).) The jury found true allegations that the attempted murder was premeditated, willful, and deliberate, and also found true the associated gun and gang enhancement allegations as to each count. Appellant admitted a prior conviction for which he served a prison term. (§ 667.5, subd. (b).) The trial court sentenced appellant to a total term of 36 years to life. Appellant and his three co-defendants appealed their convictions. Appellant argued there was insufficient evidence to support the jury’s finding that he aided and abetted in the kidnapping and attempted murder of Anaya.