People v. Gamez CA2/6

Good Law
Court of Appeal of CaliforniaFebruary 20, 2025B333917California1,666 words

Opinion

Opinion

Filed 2/20/25 P. v. Gamez CA2/

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B333917 (Super. Ct. No. CR39965) Plaintiff and Respondent, (Ventura County)

v.

JUAN JOSE GAMEZ,

Defendant and Appellant.

Juan Jose Gamez appeals the trial court’s Penal Code section 1172.75 resentencing order.1 We conclude that the court may consider factors in aggravation and mitigation to support a middle-term sentence, and affirm. (People v. Hilburn (2023) 93 Cal.App.5th 189, 204 [imposition of the middle term at resentencing does not require aggravating circumstances be proven beyond a reasonable doubt]; People v. Bautista-Castanon (2023) 89 Cal.App.5th 922, 929 [same].)

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