Pacheco

FACTS AND PROCEDURAL BACKGROUND

In 2008, Pacheco (then 14 years old) and his fellow gang members jumped two suspected rival gang members. Abraham Sanchez was shot and killed; the other victim was stabbed and survived. In 2010, a jury convicted Pacheco and two codefendants of first degree murder, attempted murder, and active gang participation. The jury found Pacheco committed the murder and the attempted murder for the benefit of a gang, he vicariously discharged a firearm as to the murder, and he premeditated and deliberated as to the attempted murder. The jury also found true a special circumstance enhancement: Pacheco committed the murder for a criminal street gang purpose. The trial court sentenced Pacheco to a term of 50 years to life, plus a consecutive life term. This court affirmed the judgment on appeal. (People v. Pacheco et al. (Jan. 30, 2012, G044200) [nonpub. opn.].) In 2020, Pacheco filed a section 1170.95 petition seeking to vacate his murder conviction and to be resentenced. The trial court denied the petition, finding the enabling legislation was unconstitutional. This court reversed and remanded. (People v. Pacheco (July 7, 2020, G058362) [nonpub. opn.].) In…