People v. Lagarde CA2/1

BACKGROUND

In 2015, a jury convicted Lagarde of willful and deliberate premeditated attempted murder (Pen. Code,1 §§ 187, subd. (a), 664; count 1), explosion with intent to murder (§ 18745; count 2), explosion causing mayhem or great bodily injury (§ 18755, subd. (b); count 3), arson of a structure (§ 451, subd. (c); count 4), and arson of the property of another (§ 451, subd. (d); counts 5 & 6), along with special allegations. Before sentencing, Lagarde admitted a prior strike conviction under the “Three Strikes” law (§§ 667, subds. (b)- (i), 1170.12, subds. (a)-(d)) and that he had served two prior prison terms within the meaning of section 667.5, subdivision (b). The court sentenced Lagarde to an aggregate prison term of 39 years and eight months to life, which included the upper term of 12 years for arson of a structure (count 4) and two one-year enhancements for his prior prison terms. In 2024, Lagarde moved for resentencing under section 1172.75. He requested, as pertinent here, that the court select the midterm for count 4 because no aggravating factors were proven at trial. The People objected to any reduction of the sentence beyond striking the two one-year…