P.v. Pacheco CA2/5

INTRODUCTION

A jury found defendant and appellant Christian Pacheco (defendant) guilty of, inter alia, first degree murder, attempted murder, assault with a deadly weapon, assault on a peace officer, and attempting to dissuade two witnesses from testifying. On appeal, defendant contends that the trial court should have stayed under Penal Code section 6541 the sentence on one of the two convictions for dissuading a witness. He also contends that the trial court should have imposed only one prior prison term enhancement because defendant did not explicitly admit that he served two prior prison terms. In addition, defendant claims that the trial court should not have imposed a $20 DNA fine and that the abstract of judgment should be corrected to reflect the correct amount of presentence custody credit, the correct firearm enhancement, and the correct prison term enhancements. The Attorney General contends that the trial court properly imposed sentence on both convictions for attempting to dissuade witnesses and that because defendant implicitly admitted that he served two prior prison terms, the trial court properly imposed the two prior prison term enhancements. The Attorney…