People v. Salgado CA5

INTRODUCTION

Defendant Luis Alberto Salgado, who was originally sentenced in 2009 for crimes he committed in 2007, was resentenced in 2024 following recall and resentencing under Penal Code section 1172.75. (Undesignated statutory references are to the Penal Code.) Defendant’s total determinate term was reduced from five years to three years, but the trial court declined his request to strike or reduce the indeterminate firearm enhancement term of 25 years to life imposed under section 12022.53, subdivision (d). In this appeal, defendant claims the trial court erred when it reimposed upper term sentences without complying with the factfinding requirements under section 1170, subdivision (b), as amended by Senate Bill No. 567 (2021–2022 Reg. Sess.) (Senate Bill No. 567), and abused its discretion by failing to consider the lower term presumption under section 1170, subdivision (b)(6).1 Regarding the interplay of section 1170, subdivision (b)(1)–(3), and section 1172.75, subdivision (d)(4), defendant argues this court should follow Gonzalez and reject Brannon-Thompson and Mathis. (People v. Mathis (2025) 111 Cal.App.5th 359, 373–374, review granted Aug. 13, 2025, S291628 (Mathis);…