People v. Paiva CA3

Filed 5/1/25 P. v. Paiva CA3

NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C098734

Plaintiff and Respondent, (Super. Ct. No. 18FE015279)

v.

ALAGONDRO JAIME PAIVA,

Defendant and Appellant.

Defendant Alagondro Jaime Paiva appeals from his voluntary manslaughter conviction. He contends the trial court abused its discretion in declining to impose the lower term. We conclude that the court’s rejection of the lower term was based on the wrong legal standard and we cannot say the record clearly indicates the trial court would have reached the same conclusion under the correct legal standard. We thus vacate defendant’s sentence and remand the matter for a full resentencing.

FACTUAL AND…