People v. Guzman CA5

INTRODUCTION

In 2023, appellant Albert Ralph Guzman was serving a term in prison stemming from a 2009 conviction when his sentence was recalled. The lower court struck a one- year enhancement previously imposed under Penal Code section 667.5, subdivision (b).1 The court resentenced appellant, imposing an upper term. Appellant appealed to this court. His counsel filed a Wende2 brief, which raised no arguable issues. Appellant’s counsel asked us to independently review the entire record. On November 6, 2024, this court ordered the parties to file supplemental briefing to address whether appellant’s aggravated sentence complied with section 1170, subdivision (b)(2). Effective January 1, 2022, an upper term sentence is generally prohibited unless the factors in aggravation are stipulated to by the defendant, proven to a fact finder beyond a reasonable doubt, or relate to a prior conviction that is established by a certified record of conviction. (§ 1170, subd. (b)(1)–(3); see also People v. Lynch (2024) 16 Cal.5th 730, 742 (Lynch).) This record does not demonstrate that all facts used to support the imposition of this upper term were established as required. As such, appellant’s…