People v. Pacheco CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural Background In 2014, the prosecution charged Pacheco with eight counts: counts 1, 2, and 3— willful, deliberate, and premeditated murder (Pen. Code, § 187, subd. (a))1; counts 4, 5, 6, and 7—assault with a semiautomatic firearm (§ 245, subd. (b)); and count 8—possessing a firearm as a felon (§ 29800, subd. (a)(1)). As to counts 1 through 7, the prosecution alleged various firearm enhancements. (§§ 12022.5, subd. (a), 12022.53, subd. (d).) As to counts 1, 2, and 3, the prosecution alleged multiple-murder special circumstances. (§ 190.2, subd. (a)(3).) As to counts 4 through 7, the prosecution alleged Pacheco inflicted great bodily injury on the victims. (§ 12022.7, subd. (a).) In February 2016, as part of a plea agreement to avoid the death penalty, Pacheco pleaded guilty to all counts and admitted all special circumstances and enhancements except for certain lesser firearm enhancements. As to each of counts 1, 2, and 3, Pacheco expressly pleaded guilty to committing willful, deliberate, and premeditated murder. He also expressly admitted he had personally and intentionally discharged a firearm in the commission of each of the…