People v. Pacheco CA2/1

Filed 2/1/24 P. v. Pacheco CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B331142

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA084078) v.

LORENZO ALBERTO PACHECO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Robert G. Chu, Judge. Affirmed as modified. Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. _______________________________

A felony complaint, filed on October 18, 2022, charged Lorenzo Alberto Pacheco with one count of carjacking (Pen. Code,1 § 215, subd. (a)). The complaint further alleged that in committing the offense, Pacheco engaged in violent conduct that indicates a serious danger to society within the meaning of California Rules of Court, rule 4.421(b)(1). The complaint also alleged that Pacheco had a prior serious and/or violent felony conviction—a 2016 robbery (§ 212.5)—within the meaning of the “Three Strikes” law (§§ 667, subds. (b)-(j) & 1170.12). At a pretrial hearing on March 15, 2023, the trial court (Judge Shannon Knight) informed Pacheco that his “maximum exposure” on the carjacking offense, as pleaded, was 18 years in prison (the upper term of nine years, doubled to 18 years because of the prior strike). The court added that his exposure could increase to 23 years if the prosecution were to allege the prior robbery as a serious felony within the meaning of the five-year serious felony enhancement under section 667, subdivision (a). The prosecution offered Pacheco a plea deal under which he would admit the prior strike and plead guilty or no contest to a count of grand theft of an automobile (§ 487, subd. (d)(1))—a nonserious, nonviolent, nonstrike felony offense—and he would be sentenced to two years and eight months in prison (the low term of 16 months, doubled to 32 months because of the prior strike). Pacheco indicated he wanted to discuss the proposed plea deal with his counsel and respond to the offer on the next court date. The prosecutor agreed to hold the deal open until then. At a hearing on April 6, 2023, the trial court (Judge Knight) granted the prosecution’s motion to amend the felony