People v. Watkins CA5

INTRODUCTION

This matter is before us on transfer from the Supreme Court for reconsideration in light of People v. Lynch (2024) 16 Cal.5th 730 (Lynch) and People v. Salazar (2023) 15 Cal.5th 416 (Salazar). (See Cal. Rules of Court, rule 8.528(d).) In accordance with the Supreme Court’s order, we have vacated our earlier decision, and the parties have submitted supplemental briefing. In our prior opinion, we concluded the trial court’s noncompliance with Senate Bill No. 567 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 731, § 1.3) (Senate Bill No. 567), which was enacted while the appeal was pending, was harmless. (People v. Watkins (Nov. 4, 2022, F080436) [nonpub. opn.].) Although appellant Christopher Watkins was not afforded a jury trial on aggravating circumstances, we reasoned he did not suffer prejudice because the evidence overwhelmingly established that he “took advantage of a position of trust or confidence to commit the offense” (Cal. Rules of Court, rule 4.421(a)(11)), the lone aggravating circumstance the trial court relied upon to impose the upper term. Following consideration of Lynch, Salazar, and the parties’ supplemental briefs, we have concluded Watkins nonetheless is…