Salstrom

DISCUSSION

I The Trial Court Did Not Err By Reimposing The Upper Term Defendant first argues the trial court erred “when it reimposed the upper-term sentence without finding beyond a reasonable doubt that there were any aggravating circumstances.” Defendant acknowledges another panel of this court rejected this argument in Brannon-Thompson but asks us to follow People v. Gonzalez (2024) 107 Cal.App.5th 312 (Gonzalez), which disagreed with Brannon-Thompson. We agree with the People that Brannon-Thompson is better reasoned. A Relevant Sentencing Laws Section 1172.75, effective in 2022, generally invalidates prior prison term enhancements imposed under section 667.5, former subdivision (b), with some exceptions not relevant here. (Stats. 2021, ch. 728, § 3; Stats. 2022, ch. 58, § 12.) When presented with a person eligible for relief, a trial court shall “recall the sentence and resentence the defendant.” (§ 1172.75, subd. (c).) The statute requires the court to apply the sentencing rules of the Judicial Council, as well as “any other changes in law that

3 reduce sentences or provide for judicial discretion so as to eliminate disparity of sentences and to promote uniformity of…