People v. Smith CA3

Filed 11/25/24 P. v. Smith CA3 Opinion following transfer from Supreme Court

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE, C095199

Plaintiff and Respondent, (Super. Ct. No. 19FE017054)

v. [OPINION ON TRANSFER]

JOSE CARL SMITH,

Defendant and Appellant.

A jury found defendant Jose Carl Smith guilty of, among other offenses, 18 counts of first degree burglary and one robbery count. The trial court sentenced defendant applying the upper term for the robbery count and separate terms for each of the burglary counts. On appeal, defendant argues: (1) the trial court’s imposition of the upper term sentence is no longer valid in light of the changes made to Penal Code1 section 1170 by

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