People v. Radillo CA5

INTRODUCTION

This matter is before us on transfer from our Supreme Court for reconsideration in light of People v. Lynch (2024) 16 Cal.5th 730 (Lynch), which resolved a split among appellate courts regarding the proper standard for evaluating prejudice stemming from noncompliance with the requirements of Penal Code1 section 1170, subdivision (b)(1), (2), and (3) as modified by Senate Bill No. 567 (2021-2022 Reg. Sess.) (Senate Bill No. 567). In accordance with the direction of the Supreme Court, we have vacated our earlier decision and authorized supplemental briefing from the parties. Following consideration of our Supreme Court’s decision in Lynch and the parties’ supplemental briefs, we conclude that the trial court’s failure to comply with Senate Bill No. 567’s amendments to subdivision (b) of section 1170 was erroneous, and that the error was prejudicial. Accordingly, we remand the case back to the lower court for either a retrial on the aggravating factors used to impose the upper term, or resentencing to a different term. To the extent that Radillo argued in his original appeal that the trial court failed to consider evidence of his youth, mental health issues, and history…