People v. Wandrey CA1/2

BACKGROUND

In November 2020, a jury convicted Nathan Christian Wandrey of 158 felony charges: 84 counts of assault with the intent to commit a sexual

1 offense against a child in violation of Penal Code1 section 220, subdivision (a)(2), and 74 counts of the commission of a lewd act upon a child under age 14 in violation of section 288, subdivision (a) (section 288(a)). The trial court imposed full, consecutive, aggravated terms for each section 220 conviction and stayed the section 288(a) sentences under section 654, for an aggregate sentence of 756 years. Wandrey appealed, challenging in part the trial court’s imposition of full and consecutive aggravated terms pursuant to section 667.6. In People v. Wandrey (2022) 80 Cal.App.5th 962, 984 (Wandrey), we affirmed the trial court’s imposition of full and consecutive terms pursuant to section 667.6 but “remanded for resentencing in light of [the then-newly amended] section 1170, subdivision (b),” which requires imposition of the middle term unless “there are aggravating circumstances in the crime and the defendant has either stipulated to the facts underlying those circumstances or they have been found true beyond a reasonable…