People v. Whyte CA1/5

Filed 11/22/24 P. v. Whyte CA1/5 Opinion following transfer from Supreme Court

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California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE,

Plaintiff and Respondent,

A160769

v. LARRY WHYTE, (Sonoma County Super. Ct. No. SCR7243081) Defendant and Appellant.

Defendant and appellant Larry Whyte (Appellant) appeals from the trial court’s judgment following his conviction of various sexual abuse offenses. We reject his claims, except we remand for resentencing consistent with the current version of Penal Code section 1170, subdivision (b),1 as amended by Senate Bill No. 567 (2021–2022 Reg. Sess.) (Senate Bill 567), effective January 1, 2022.

PROCEDURAL BACKGROUND

In September 2019, the District Attorney of Sonoma County filed an information…