People v. Henry CA1/4

BACKGROUND

The Prior Appeal In September 2021, pursuant to a negotiated disposition, defendant pleaded guilty to one count of voluntary manslaughter (§ 192, subd. (a)), with an enhancement for personal use of a firearm (§ 12022.5), in exchange for a stipulated sentence of 21 years. The trial court sentenced defendant according to the plea agreement to 21 years in prison; the sentence consisted of an 11- year upper term for voluntary manslaughter and a 10-year upper term for the enhancement. Defendant appealed his sentence, arguing that he was entitled to resentencing because of amendments to section 1170(b). (People v. Henry, supra, A164012.) Specifically, Senate Bill No. 567 (2021–2022 Reg. Sess.) (Senate Bill 567) made the middle term the presumptive sentence for a term of imprisonment unless certain circumstances exist, and it required the imposition of the lower term in cases where a defendant’s youth or psychological, physical or childhood trauma related to abuse, neglect or sexual violence was a contributing factor to the commission of the offense, unless the court finds that the aggravating circumstances outweigh the mitigating circumstances such that imposition of the…