People v. Sanchez CA2/7

INTRODUCTION

Lester Rene Sanchez was convicted of first degree burglary (Pen. Code, § 459), violating a court order with a prior domestic violence conviction (§ 166, sub. (c)(4)), and misdemeanor battery (§ 242).1 After trial, he stipulated to the truth of six aggravating circumstances, including that he “engaged in violent conduct that indicates a serious danger to society.” (Cal. Rules of Court, rule 4.421(b)(1).2) At sentencing, Sanchez presented evidence he had suffered childhood trauma in the form of physical abuse. He requested a probationary sentence to pursue substance abuse treatment. The trial court, citing the newly amended sentencing provisions in section 1170, agreed Sanchez had suffered childhood trauma and that this trauma was connected to his offenses. But the court imposed the middle term sentence of four years based on the aggravating factors, specifically Sanchez’s danger to public safety. Sanchez argues the court abused its discretion because the court did not follow section 1170’s lower-term presumption for defendants whose childhood trauma “was a contributing factor in the commission of the offense.” (See § 1170, subd. (b)(6)(A).) Because the court did not…