People v. Pech CA2/8

INTRODUCTION

Alexander Manuel Pech pled no contest to attempted murder, and he admitted firearm and prior prison term allegations. The trial court sentenced Pech to 28 years in prison, including 20 years for the firearm enhancement and 1 year for the prior prison term enhancement. The court later resentenced Pech to 27 years in prison under Penal Code1 section 1172.75, striking the one-year prior prison term enhancement and reimposing the 20-year firearm enhancement. At the resentencing hearing, the court stated that it could only strike or reimpose, but not reduce, the firearm enhancement. On appeal, Pech argues, and the People concede, that the matter must be remanded because the court was unaware of its discretion under People v. Tirado (2022) 12 Cal.5th 688 (Tirado) to strike Pech’s firearm enhancement and impose a lesser one. We agree with parties, vacate Pech’s sentence, and remand the matter for a new resentencing hearing.

BACKGROUND

In May 2015, the People charged Pech with one count of attempted premeditated murder (§§ 664, 187) and four counts of assault with a firearm (§ 245, subd. (a)(2)). As to the attempted murder charge, the People alleged several firearm…