People v. Katsinis CA3

DISCUSSION

Defendant argues the trial court erred because the changes to section 1170 enacted by Senate Bill 567 limit the trial court’s ability to impose the upper term here. The People respond, “The appeal should be dismissed because [defendant] failed to file a timely notice of appeal.” We agree with the People. On October 8, 2021, the Governor signed Senate Bill 567 into law. Senate Bill 567 became effective January 1, 2022, and made changes affecting the trial court’s sentencing discretion. (Stats. 2021, ch. 731; Cal. Const., art. IV, § 8, subd. (c).) Specifically, Senate Bill 567 generally limits the trial court’s ability to impose an upper- term sentence unless aggravating circumstances that justify the imposition of a term in excess of the middle term have been stipulated to by the defendant or found true beyond a reasonable doubt by a jury or the judge in a court trial. (§ 1170, subd. (b)(1), (2); Stats. 2021, ch. 731, § 1.3.) Defendant argues the case should be remanded for resentencing under this law. That claim, however, is not properly before us because defendant’s May 2023 notice of appeal was not filed within 60 days of the trial court’s original January 2022…